YU HUI CHEN, res, v. CHEN LI ZHI, APPELLANT (AND A THIRD-PARTY ACTION). (INDEX NO. 23416/07)

YU HUI CHEN, res, v. CHEN LI ZHI, APPELLANT (AND A THIRD-PARTY ACTION). (INDEX NO. 23416/07)In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Graham, J.), dated March 23, 2012, which, in effect, denied his motion, inter alia, pursuant to CPLR 3126 to dismiss the complaint and granted those branches of the plaintiff's cross motion which were, in effect, for a protective order pursuant to CPLR 3103(a) to the extent of directing that the plaintiff's deposition be conducted by the use of "Skype" or other comparable video-conferencing format and that the plaintiff's counsel shall provide a list of five or more doctors "in a city that is practical for the plaintiff to travel" for the purpose of conducting an independent medical examination of the plaintiff.

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YU HUI CHEN, res, v. CHEN LI ZHI, APPELLANT (AND A THIRD-PARTY ACTION). (INDEX NO. 23416/07)In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Graham, J.), dated March 23, 2012, which, in effect, denied his motion, inter alia, pursuant to CPLR 3126 to dismiss the complaint and granted those branches of the plaintiff’s cross motion which were, in effect, for a protective order pursuant to CPLR 3103(a) to the extent of directing that the plaintiff’s deposition be conducted by the use of “Skype” or other comparable video-conferencing format and that the plaintiff’s counsel shall provide a list of five or more doctors “in a city that is practical for the plaintiff to travel” for the purpose of conducting an independent medical examination of the plaintiff.

ORDERED that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting that branch of the plaintiff’s cross motion which was, in effect, for a protective order pursuant to CPLR 3103(a) to the extent of directing that the plaintiff’s counsel shall provide a list of five or more doctors “in a city that is practical for the plaintiff to travel” for the purpose of conducting an independent medical examination of the plaintiff, and substituting therefor a provision granting that branch of the motion to the extent of directing that the plaintiff shall appear for an independent medical examination by a physician designated by the defendant, at such location and time as the defendant shall specify; as so modified, the order is affirmed, with one bill of costs payable by the plaintiff to the defendant.

YU HUI CHEN, res, v. CHEN LI ZHI, APPELLANT (AND A THIRD-PARTY ACTION). (INDEX NO. 23416/07)

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