In Stock v. Morizzo, the Appellate Division, Second Department reversed the lower court’s decision that had denied the defendant’s motion to compel the plaintiff to submit to an independent neuropsychiatric examination. In reversing the trial court, the Appellate Division held that parties are entitled to additional discovery after the filing of a note of issue when “unusual or unanticipated circumstances” develop. In this case, the plaintiff served the defendant with a neuropsychiatric report two years after filing the note of issue, which alleged new psychiatric injuries stemming from the accident. Accordingly, an independent examination was warranted so as to prevent the defendant from suffering substantial prejudice.
Thanks to Georgia G. Stagias for her contribution to this post.