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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46623 Justice Schmidt IN AN INJURY action, plaintiff sought $633,815 in future lost earnings, claiming total disability after falling when an elevator mislevelled. Defendant elevator company moved to compel plaintiff’s examination by a vocational rehabilitation specialist (VRS). Plaintiff argued that examination as improper because he did not use a VRS’s report to support his future lost earnings claim. The court compelled examination, finding that the information obtained would be material and relevant to the defense of plaintiff’s claim. In Freni v. Eastbridge Assocs., the Appellate Division, First Department affirmed the grant of a motion to compel a plaintiff’s examination by a VRS where future lost wages were sought. It found that to do so was consistent with the Court of Appeals’ holding in Kavanagh v. Ogden Allied Maintenance Corp., that Civil Practice Law and Rules �3121(a) does not limit the court’s discretion in supervising discovery under CPLR �3101.

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