Jones v Seta, 2016 NY Slip Op 06556 (1st Dept. 2016)
“Defendants’ discovery, after the filing of the note of issue, that Jones had been involved in prior accidents involving the same body parts alleged to have been injured in the subject accident, constitutes “unusual or unanticipated circumstances” warranting further discovery (22 NYCRR 202.21[d]; see Bermel v Dagostino, 50 AD3d 303 [1st Dept 2008]). However, defendants have not articulated a need for a supplemental physical examination, as the IME doctor has already examined Jones, documented his or her findings, and can supplement the same upon receipt of the records relating to Jones’ prior injuries and treatment”
By analogy, false statements at an EUO regarding prior injuries would then warrant a subsequent EUO. Assuming the false statements at the second EUO are not remediable, is this a ground for disclaimer?
