Chavoustie v. New York Hospital-Cornell Medical Center

Appellate Division of the Supreme Court of New York

Chavoustie v. New York Hospital-Cornell Medical Center

253 A.D.2d 702, 677 N.Y.S.2d 572, 1998 N.Y. App. Div. LEXIS 9687

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 24, 1998

StatusPublished

This text of 253 A.D.2d 702 (Chavoustie v. New York Hospital-Cornell Medical Center) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chavoustie v. New York Hospital-Cornell Medical Center, 253 A.D.2d 702, 677 N.Y.S.2d 572, 1998 N.Y. App. Div. LEXIS 9687 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from order, Supreme Court, New York County (Harold Tompkins, J.), entered June 10, 1997, which denied plaintiff’s motion for a protective order against a psychiatric examination directed in a preliminary conference order and dismissed the complaint, deemed an appeal from the judgment, same court and Justice, entered August 7, 1997, dismissing the complaint, and, so considered, the judgment unanimously affirmed, without costs.

Defendants are entitled to a psychiatric examination of plaintiff (CPLR 3121). Plaintiff, who is in therapy, failed to make a prima facie showing that such an examination poses a serious threat to her health (compare, Lefkowitz v Nassau County Med. Ctr., 94 AD2d 18), or that she lacks the mental capacity to submit (compare, Flaherty v Olins Leasing, 91 AD2d 970), and her motion was therefore properly denied without a hearing. Plaintiff’s resistance to the examination, along with nearly four years of delay for which she is almost entirely responsible, has substantially prejudiced defendants, and the complaint was properly dismissed. Concur — Sullivan, J. P., Nardelli, Mazzarelli and Andrias, JJ.

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—Appeal from order, Supreme Court, New York County (Harold Tompkins, J.), entered June 10, 1997, which denied plaintiff’s motion for a protective order against a psychiatric examination directed in a preliminary conference order and dismissed the complaint, deemed an appeal from the judgment, same court and Justice, entered August 7, 1997, dismissing the complaint, and, so considered, the judgment unanimously affirmed, without costs.

Defendants are entitled to a psychiatric examination of plaintiff (CPLR 3121). Plaintiff, who is in therapy, failed to make a prima facie showing that such an examination poses a serious threat to her health (compare, Lefkowitz v Nassau County Med. Ctr., 94 AD2d 18), or that she lacks the mental capacity to submit (compare, Flaherty v Olins Leasing, 91 AD2d 970), and her motion was therefore properly denied without a hearing. Plaintiff’s resistance to the examination, along with nearly four years of delay for which she is almost entirely responsible, has substantially prejudiced defendants, and the complaint was properly dismissed. Concur — Sullivan, J. P., Nardelli, Mazzarelli and Andrias, JJ.

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Bluebook (online)

253 A.D.2d 702, 677 N.Y.S.2d 572, 1998 N.Y. App. Div. LEXIS 9687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chavoustie-v-new-york-hospital-cornell-medical-center-nyappdiv-1998.

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