The following electronically filed documents read on this motion by defendants for an Order precluding plaintiff from offering any evidence with respect to additional injuries and claims alleged in plaintiff’s Third Supplemental Bill of Particulars dated December 10, 2019, or in the alternative, striking and vacating plaintiff’s Note of Issue and Certificate of Readiness, and directing that plaintiff respond to defendants’ Post Examination Before Trial Discovery and Inspection dated February 26, 2020 and defendants’ Demand for Plaintiff’s Litigation Funding dated February 27, 2020, and for plaintiff to appear for a supplemental independent medical examination based upon the new and additional injuries and surgeries: Papers Numbered Notice of Motion-Affidavits-Exhibits EF 58-67 Affirmation in Opposition-Exhibits EF 68-71 Affirmation in Reply-Exhibits EF 73-76 This personal injury action arises out of a motor vehicle accident that occurred on July 26, 2017. Plaintiff filed a Note of Issue on May 18, 2020. Defendants seek to vacate the Note of Issue and strike this action from the trial calendar on the grounds that discovery is still outstanding. Specifically, defendants seek a response to their Notice of Discovery and Inspection dated February 26, 2020, a response to their Notice of Discovery and Inspection dated February 27, 2020, and a supplemental independent medical examination of plaintiff. In opposition, plaintiff’s counsel contends that the motion should be denied as moot. Plaintiff submits a copy of his June 8, 2020 Response to the Notice of Discovery and Inspection dated February 26, 2020 and objection to the Notice for Discovery and Inspection dated February 27, 2020. Plaintiff’s counsel affirms that plaintiff appeared for a further deposition regarding the additional treatment set forth in plaintiff’s Third Supplemental Bill of Particulars on February 12, 2020. Plaintiff also does not object to appearing for a supplemental independent medical examination on a mutually convenient date. In reply, it appears that defendants have rescheduled plaintiff’s independent medical examination with Dr. Jeffrey Klein for Thursday, August 13, 2020. As such, that branch of the motion seeking an Order precluding plaintiff for offering any evidence with respect to the additional injuries and claims alleged in the Third Supplemental Bill of Particulars shall be denied. At issue, is whether plaintiff’s objection to Defendants’ Notice for Discovery and Inspection dated February 27, 2020, which seeks information regarding litigation funding, is proper. Defendants contend that the information sought is relevant to the issue of the amount recoverable by plaintiff. Defendants further contend that the non-disclosure hinders defendants’ right to properly evaluate the value of the case. Lastly, defendants argue that since plaintiff provided an untimely response, he waived his right to object to the demand. Initially, this Court finds that any delay in responding to the Notice for Discovery and Inspection is excusable due to the circumstances surrounding the global pandemic. Pursuant to CPLR 3101(a), “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action”. Upon a review of the motion papers, opposition, and reply thereto, this Court finds that the information sought regarding litigation funding is neither material nor necessary to the defense of this action. The value of a case does not depend on how much the litigation is funded, and disclosure of this information is not likely to result in relevant evidence or lead to information bearing on plaintiff’s claims for damages. Accordingly, this Court finds that plaintiff’s objection is proper as plaintiff’s litigation funding is not relevant to the defense of this case (see Quan v. Peghe Deli Inc., 2019 WL 3974786 [Sup Ct., Queens Cnty. 2019]; Cabrera v. 1279 Morris LLC, 2013 WL 5418611 [Sup Ct, Bronx Cnty. 2013]). Accordingly, and for the reasons stated above, it is hereby ORDERED, that defendants’ motion is denied; and it is further ORDERED, that plaintiff shall appear for the supplemental independent medical examination scheduled for August 13, 2020. Dated: August 11, 2020
