Tash v Federated Dept. Stores, Inc. (2005 NY Slip Op 07818)

Tash v Federated Dept. Stores, Inc.

2005 NY Slip Op 07818 [22 AD3d 386]

October 20, 2005

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

David Tash, an Infant, by His Mother and Natural Guardian, Priscila Tash, et al., Appellants,
v
Federated Department Stores, Inc., Doing Business as Macy's Department Store, Respondent.

—[*1]

Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 17, 2004, which, insofar as appealed from, granted defendant's motion to preclude evidence or compel disclosure to the extent of directing plaintiff to appear for examinations by a vocational rehabilitation expert and psychologist designated by defendant, unanimously affirmed, without costs.

Post-note of issue disclosure was properly directed in order to avoid the prejudice engendered by plaintiff's claims for psychological injuries and economic loss first alleged after the note of issue was filed (see Brown v Metropolitan Transp. Auth., 256 AD2d 17 [1998]). Concur—Saxe, J.P., Ellerin, Williams, Catterson and Malone, JJ.