Palacios v. New York City Transit Authority

Order, Supreme Court, Bronx County (Barry Salman, J.), entered August 28, 2007, which, in an action for personal injuries, insofar as appealable, denied plaintiffs motion to renew a prior order, same court (Janice L. Bowman, J.), entered January 19, 2007 (1) granting defendants’ motion to dismiss the complaint because of plaintiffs failure to appear for an indepen*521dent medical examination (IME) in accordance with a prior conditional order of dismissal, and (2) denying plaintiffs cross motion to vacate the conditional order, unanimously reversed, on the facts, without costs, renewal granted,…