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Andrea M. Alonso and Kevin G. Faley

New York CPLR §3121 allows for an opposing party to require plaintiff to submit to an examination by a designated physician. This examination, also referred to as an Independent Medical Examination (IME), serves an important function in our legal system. The courts have noted that “[p]hysical examinations [narrow], if possible, areas of medical dispute through the assistance of the medical profession, and [eliminate] most of the medical controversy in a personal injury case.” Jakubowski v. Lengen, 86 A.D.2d 398, 400 (4th Dep’t 1982). Many attorneys will disagree that these physical examinations narrow any dispute.

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