The First Department, reversing Supreme Court, determined plaintiff can be accompanied by a nonlegal representative at a defense physical examination:
Defendants concede that, under this Court’s recent decision in Santana v Johnson (154 AD3d 452 [1st Dept 2017]), they can no longer argue that plaintiff was required to show “special and unusual circumstances” to be permitted to have a nonlegal representative present at a physical examination conducted on their behalf pursuant to CPLR 3121. Martinez v Pinard, 2018 NY Slip Op 02402, First Dept 4-5-18
CIVIL PROCEDURE (DISCOVERY, PHYSICAL EXAM, PLAINTIFF CAN BE ACCOMPANIED BY A NONLEGAL REPRESENTATIVE TO A DEFENSE PHYSICAL EXAM (FIRST DEPT))/DISCOVERY (PHYSICAL EXAM, PLAINTIFF CAN BE ACCOMPANIED BY A NONLEGAL REPRESENTATIVE TO A DEFENSE PHYSICAL EXAM (FIRST DEPT))/CPLR 3121 (DISCOVERY, PHYSICAL EXAM, PLAINTIFF CAN BE ACCOMPANIED BY A NONLEGAL REPRESENTATIVE TO A DEFENSE PHYSICAL EXAM (FIRST DEPT))/PHYSICAL EXAM (CIVIL PROCEDURE, DISCOVERY, PLAINTIFF CAN BE ACCOMPANIED BY A NONLEGAL REPRESENTATIVE TO A DEFENSE PHYSICAL EXAM (FIRST DEPT))