Legal Opinion
Mazzuca v. Warren P. Wielt Trust
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 2009PublishedCited by 3 opinions
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (Hoye, J.), entered November 27, 2007 in Schenectady County, which granted defendants’ motion to strike the complaint.
Plaintiff, individually and on behalf of her infant daughter, commenced this action alleging that her daughter was injured due to dangerous conditions on defendants’ premises. When the parties were unable to schedule an independent medical examination (hereinafter IME), Supreme Court ordered that the IME take place by a certain date. After defense counsel confirmed a date for the IME with plaintiffs counsel, and plaintiffs counsel…
2Cases cited12 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
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- Bluntt v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 2002
- Stahl v. RheeAppellate Division of the Supreme Court of the State of New York · 1996
- Du Valle v. Swan Lake Resort Hotel, LLCAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by3 opinions
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- Elmore v. 2720 Concourse Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2011