Omar v. David Fruit & Co.

Order unanimously reversed, without costs, and motion denied. Memorandum: Plaintiff-respondent was allegedly injured on *648October 25, 1968 and commenced this action on September 19, 1970. Defendant-appellant served its answer on March 5; 1971 and a bill of particulars was served on July 28, 1971. Note of issue and statement of readiness were filed on January 12, 1972. Defendant then served a notice for physical examination dated January 28, 1972 and was informed by plaintiff that he resided outside of the State. A second notice to submit to examination was served some 18 months after the first…