(Download) "Leugemors v. Slawinski" by Appellate Division, Fourth Department, New York Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Leugemors v. Slawinski
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court abused its discretion in denying defendants motion to compel plaintiff to submit to a physical examination. Plaintiff asserted that defendants had waived their right to a physical examination by failing to conduct an examination within the time period set forth in plaintiffs "Notice Fixing Time for Physical Examination" (notice) (see, 22 NYCRR 202.17 [a]). The court had the discretion to grant the motion to compel a physical examination if "there is a good excuse for the delay and no prejudice to the plaintiff" (Resnick v Seher, 198 AD2d 218; see, CPLR 2004; Williams v Long Is. Coll. Hosp., 147 AD2d 558, 559; 22 NYCRR 202.17 [j]). Because a note of issue and certificate of readiness had not yet been filed, defendants did not need to establish unusual or unanticipated circumstances (see, 22 NYCRR 202.21 [d]; cf., Mayo v Lincoln Triangle Assocs., ___ AD2d ___ [decided Mar. 2, 1998]; Urena v Bruprat Realty Corp., 179 AD2d 505).
 "Leugemors v. Slawinski" by Appellate Division, Fourth Department, New York Supreme Court ~ Book PDF Kindle ePub Free){kind=link}
Post a Comment for "(Download) "Leugemors v. Slawinski" by Appellate Division, Fourth Department, New York Supreme Court ~ Book PDF Kindle ePub Free"