Zeitoon Vaezzadeh

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.

This is a costs decision following the successful summary judgment motions of the defendants and third parties in a slip and fall action.

The plaintiff argued that costs should be reduced due to his impecuniosity.

The court rejected this argument, noting that a plaintiff suing for a substantial sum must expect to pay costs if unsuccessful.

The court fixed the costs payable by the plaintiff to the defendants, and the costs payable by the defendant to the third parties, on a partial indemnity basis.

This is a costs decision following the successful summary judgment motions of the defendants and third parties in a slip and fall action.

The plaintiff argued that costs should be reduced due to his impecuniosity.

The court rejected this argument, noting that a plaintiff suing for a substantial sum must expect to pay costs if unsuccessful.

The court fixed the costs payable by the plaintiff to the defendants, and the costs payable by the defendant to the third parties, on a partial indemnity basis.