Matos v. Mira Realty Management Corp.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered September 18, 1996, which denied defendant’s motion to vacate plaintiff’s note of issue, unanimously affirmed, without costs.

Summary denial of the motion is mandated as it was made without any affirmation of good faith as required by 22 NYCRR 202.7 (a) (Vasquez v G.A.P.L. W. Realty, 236 AD2d 311). In any event, defendant fails to justify its noncompliance with the requirement of the preliminary conference order that its physical examination of plaintiff have been conducted within 45 days of plaintiff’s deposition. No showing is…