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The plaintiff's attorney secretly videotaped an Independent Medical Examination (IME) and revealed it at trial, causing a mistrial. The trial judge, Justice Duane A. Hart, accused the defendant's orthopedist of perjury and threatened his career. On appeal, the court found the attorney's secret recording and non-disclosure a violation of CPLR 3101(i) and deemed the conduct frivolous. The appellate court also determined that the orthopedist did not lie and that the trial judge's intimidation made him unavailable as an expert witness. The court reversed the trial court's decision, granting the defendants a new IME and ordering the plaintiff's counsel to pay the defendants' costs. The case was remitted to a different Justice for further proceedings.
Bermejo v. New York City Health & Hospitals Corp. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The plaintiff's attorney secretly videotaped an Independent Medical Examination (IME) and revealed it at trial, causing a mistrial. The trial judge, Justice Duane A. Hart, accused the defendant's orthopedist of perjury and threatened his career. On appeal, the court found the attorney's secret recording and non-disclosure a violation of CPLR 3101(i) and deemed the conduct frivolous. The appellate court also determined that the orthopedist did not lie and that the trial judge's intimidation made him unavailable as an expert witness. The court reversed the trial court's decision, granting the defendants a new IME and ordering the plaintiff's counsel to pay the defendants' costs. The case was remitted to a different Justice for further proceedings.
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