Billman v. City of Port Jervis

In an action to recover damages for conscious pain and suffering and wrongful death, etc., the defendant Port Jervis School District appeals from so much of an order of the Supreme Court, Orange County (Lubell, J.), dated May 19, 2009, as granted that branch of the plaintiffs’ motion which was to dismiss its sixth affirmative defense insofar as asserted against the plaintiff Peter Billman and denied that branch of its cross motion which was to dismiss the complaint insofar as asserted by the plaintiff Peter Billman based upon his failure to appear for an examination pursuant to General…