Legal Opinion

Urena v. Bruprat Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 1992PublishedCited by 6 opinions

1Opinion of the Court

This action was instituted to recover damages for personal injuries sustained by the infant plaintiff after falling from a window of his apartment. Approximately six months after a note of issue and certificate of readiness were filed, the defendants moved for an order directing the infant plaintiff to submit to a neurological examination.

While the failure to move to vacate a note of issue and certificate of readiness within 20 days of service generally constitutes a waiver of the right to conduct a subsequent physical examination where special circumstances or sufficient reason for the delay…

2Cases cited3 opinions

  1. Williams v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 1989
  2. Dominguez v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  3. Sewell v. SinghAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by6 opinions

  1. Leugemors v. SlawinskiAppellate Division of the Supreme Court of the State of New York · 1998
  2. Bermel v. DagostinoAppellate Division of the Supreme Court of the State of New York · 2008
  3. May v. American Red CrossAppellate Division of the Supreme Court of the State of New York · 2001
  4. Acevedo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  5. Garcia v. MunnerlynCivil Court of the City of New York · 2002

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