• Appellate Term, First Judicial Department
  • Jan 18 2013 (Date Decided)
  • : Lowe, III, P.J., Schoenfeld, Shulman, J.J.
GREEN, ALAN v. COMBINED LIFE INSURANCE COMPANY OF NEW YORK, COMBINED LIFE INSURANCE COMPANY OF AMERICA AND ROBERT W. DOWNIE — It is Ordered that plaintiff-respondent's motion for reargument is granted, and, upon reargument, defendants-appellants are ordered to correct the record as follows: 1-Enlarge the record to include the affirmations of Dr. Goldin, Dr. Howard and Dr. Stackhouse, plaintiff's treating physicians; the signature pages of the January 4, 2012 affidavit of Garett Goldberg and plaintiff's disability insurance policy; page 506 from the deposition transcript of Robert Downie; and plaintiff's November 26, 2001 CT scan results; 2-Remove from the record defendants-appellants' expert report; defendants-appellants' motion to compel the production of documents; and an incorrectly added letter to an exhibit submitted in connection with plaintiff's opposition papers to the summary judgment motion below.