May v. American Red Cross

Appellate Division of the Supreme Court of New York

May v. American Red Cross

282 A.D.2d 285, 722 N.Y.S.2d 868, 2001 N.Y. App. Div. LEXIS 3647

Appellate Division of the Supreme Court of the State of New York·Decided April 12, 2001·Published·Cited by 4 cases

Opinion

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered July 17, 2000, which, upon denying defendant’s motion to vacate the note of issue, insofar as appealed from, directed plaintiff to submit to a physical examination, unanimously affirmed, without costs.

Although defendant waived its right to physically examine plaintiff by failing to comply with the deadlines set in three prior orders, we decline to disturb the motion court’s exercise of discretion where the action will remain on the calendar and it does not otherwise appear that the requested physical examination will prejudice plaintiff (see, Urena v Bruprat Realty Corp., 179 AD2d 505; Dominguez v Manhattan & Bronx Surface Tr. Operating Auth., 168 AD2d 376). Concur — Williams, J. P., Ellerin, Wallach, Lerner and Rubin, JJ.

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—Order, Supreme Court, Bronx County (Howard Silver, J.), entered July 17, 2000, which, upon denying defendant’s motion to vacate the note of issue, insofar as appealed from, directed plaintiff to submit to a physical examination, unanimously affirmed, without costs.

Although defendant waived its right to physically examine plaintiff by failing to comply with the deadlines set in three prior orders, we decline to disturb the motion court’s exercise of discretion where the action will remain on the calendar and it does not otherwise appear that the requested physical examination will prejudice plaintiff (see, Urena v Bruprat Realty Corp., 179 AD2d 505; Dominguez v Manhattan & Bronx Surface Tr. Operating Auth., 168 AD2d 376). Concur — Williams, J. P., Ellerin, Wallach, Lerner and Rubin, JJ.

May v. American Red Cross, 282 A.D.2d 285, 722 N.Y.S.2d 868, 2001 N.Y. App. Div. LEXIS 3647 (N.Y. Ct. App. 2001).

Pincite

282 A.D.2d 285 (May v. American Red Cross) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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