Stopnik v. Rose Nederlander Associates, Inc.

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered November 14, 1997, granting defendants’ motion to dismiss the complaint based on plaintiff Burton Stopnik’s failure to appear and submit to a physical examination, unanimously reversed, on the law and on the facts, and in the exercise of discretion, with costs and disbursements, the motion denied, the complaint reinstated and the matter remanded for further proceedings before a different Judge.

Burton Stopnik, the plaintiff, was injured at the Nederlander Theater when an employee of Nederlander negligently knocked him down.…