Diane v. Ricale Taxi, Inc.

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered February 16, 2001, which denied defendant-appellant’s motion to vacate the note of issue filed by plaintiff and a prior order, entered on or about April 5, 2000, conditionally striking defendant-*321appellant’s answer, and to direct plaintiff to submit to an independent medical examination, unanimously modified, on the law, the facts and in the exercise of discretion, to grant defendant-appellant’s motion to the extent of vacating the April 2000 order to the extent it had the effect of striking defendant-appellant’s answer on…