Managing Partner Scott Brody and Brody Law Group are pleased to announce a significant victory secured by Partner Magdalene Skountzos in Arizaga v. Lex (712392/2018). Justice Robert I. Caloras granted the defense motion to vacate the Note of Issue, compel additional authorizations, order a further IME with neurologist Dr. Adam Bender, and impose sanctions after finding improper interference with the prior examination.
The Court credited Dr. Bender’s report, which documented repeated obstruction—including directing the examiner to assess only certain body parts, preventing questioning on prior injuries and alcohol use, and physically pushing the doctor’s hands away when he attempted to examine portions of plaintiff’s spine. Plaintiff was unable to offer competent evidence to dispute these findings, and the Court determined that the exam was incomplete and compromised.
Because relevant medical authorizations remained outstanding and the IME could not be properly conducted, the Court vacated the Note of Issue and directed plaintiff to appear for a further examination limited to the areas counsel previously interfered with. Justice Caloras also held that the costs associated with the motion and the upcoming exam must be personally paid by plaintiff’s counsel. Managing Partner Scott Brody is proud to recognize this outcome as a reflection of the firm’s rigorous commitment to fair and unobstructed discovery. Congratulations to Partner Magdalene Skountzos and Brody Law Group litigation team for securing this result.
