Flores v Vescera, 2013 NY Slip Op 02866 (4th Dept. 2013)
(1) You cannot videotape the IME
(2) You cannot keep the plaintiff attorney out.
With respect to plaintiff’s motion, we note that there is no express statutory authority to videotape medical examinations (see CPLR 3121; 22 NYCRR 202.17; Lamendola v Slocum, 148 AD2d 781, 781, lv dismissed 74 NY2d 714), and videotaping has not been allowed in the absence of “special and unusual circumstances”
“With respect to defendant’s cross motion, we conclude that Supreme Court properly determined that defendant failed to make the requisite positive showing of necessity for the exclusion of plaintiff’s counsel or other representative from attending the NPE by establishing that the presence of such an individual would impair the validity and effectiveness of the NPE”
