Quezada v. 111 Wilkens Avenue LLC

Appellate Division of the Supreme Court of New York

Quezada v. 111 Wilkens Avenue LLC

74 A.D.3d 475, 901 N.Y.S.2d 834

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 8, 2010

StatusPublished

This text of 74 A.D.3d 475 (Quezada v. 111 Wilkens Avenue LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Quezada v. 111 Wilkens Avenue LLC, 74 A.D.3d 475, 901 N.Y.S.2d 834 (N.Y. Ct. App. 2010).

Pincite

Opinion

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered October 22, 2009, which granted defendants-appellants ’ motion to strike the complaint only if plaintiff failed to appear for certain physical examinations “within 60 days prior to trial,” unanimously modified, on the facts, to grant the motion only if plaintiff fails to appear for the physical examinations at least 60 days prior to trial, and otherwise affirmed, without costs.

We modify the order to allow defendants an adequate period before trial in which to evaluate the results of the physical examinations. The motion court’s order, as written, permits plaintiff to appear for the physical examinations as late as the day before the trial. Concur—Gonzalez, P.J., Sweeny, Richter, Abdus-Salaam and Román, JJ.

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Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered October 22, 2009, which granted defendants-appellants ’ motion to strike the complaint only if plaintiff failed to appear for certain physical examinations “within 60 days prior to trial,” unanimously modified, on the facts, to grant the motion only if plaintiff fails to appear for the physical examinations at least 60 days prior to trial, and otherwise affirmed, without costs.

We modify the order to allow defendants an adequate period before trial in which to evaluate the results of the physical examinations. The motion court’s order, as written, permits plaintiff to appear for the physical examinations as late as the day before the trial. Concur—Gonzalez, P.J., Sweeny, Richter, Abdus-Salaam and Román, JJ.

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Bluebook (online)

74 A.D.3d 475, 901 N.Y.S.2d 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quezada-v-111-wilkens-avenue-llc-nyappdiv-2010.