Siepel v Krywak

Holding The Appellate Division affirmed the lower court’s denial of the defendant’s motion to compel an additional independent medical examination. The court found that the defendant failed to establish the necessity for a second examination, as the initial examiner had already reviewed the plaintiff’s medical records and did not indicate that further examination was required.

The court’s words

a defendant seeking a further examination must demonstrate the necessity for it

2026 NY Slip Op 05566, at the official text

the defendant failed to establish that a second physical examination of the plaintiff was necessary

2026 NY Slip Op 05566, at the official text

neither the orthopedic surgeon's report nor his affirmation indicated that an additional physical examination of the plaintiff was required

2026 NY Slip Op 05566, at the official text