In Garcia v. Munnerlyn (191 Misc. 2d 689 [NYC Civ. Ct Queens County 2002]), the Court summarized the unusually treacherous ground rules for when a notice for an independent medical examination is considered waived. Usually, when the request for an IME is made following a note of issue, in Supreme Court practice, or a notice of trial, in Civil Court practice, it will be denied absent an explanation of unanticipated circumstances (id. at 692-693).