The defendant moved to compel the plaintiff to reattend an independent medical examination (IME) with a psychiatrist, Dr. Brian Kirsh, for psychometric testing.
The plaintiff opposed this motion and brought a cross-motion to compel Dr. Kirsh to produce a report based on his initial assessment, arguing the examination was complete.
The court found that the initial IME was indeed completed, despite the psychiatrist's assertion of incomplete testing.
Consequently, the defendant's motion was dismissed, and the plaintiff's cross-motion was granted, ordering Dr. Kirsh to produce his report.
The plaintiff agreed to attend a subsequent IME for psychometric testing after the report's disclosure.
