Rodriguez v. Wheels, Inc.

In an action to recover damages for personal injuries, the defendants Wheels, Inc., and Lester W. Pearson appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated June 25, 1999, as denied that branch of their motion which was to dismiss the complaint based on the failure of the plaintiff’s decedent to appear for a court-ordered physical examination, and (2) from an order of the same court, dated November 19, 1999, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the…