Calder v. Cofta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On August 21, 2006, the parties entered into a stipulation requiring the infant plaintiff to appear for an independent medical examination within 45 days. The stipulation was incorporated by reference into a conditional order of preclusion dated August 21, 2006, which provided that “the failure of a party to comply with said stipulation will result in that party being precluded from offering evidence at trial with respect to those items of discovery outlined in the stipulation that have not been provided.” Contrary to the plaintiffs’ contention, the infant plaintiffs willful refusal to permit…
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