Legal Opinion

Mayo v. Lincoln Triangle Associates, Inc.

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

Decided March 2, 1998PublishedCited by 10 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated September 11, 1997, which granted the defendants’ motion to compel the plaintiff to submit to physical examinations.

Ordered that the order is reversed, with costs, and the motion is denied.

*363The defendants waived their right to conduct physical examinations of the plaintiff when they failed to hold the examinations during the period of time set forth by the court in its preliminary conference order, and thereafter, when they failed to conduct the…

2Cases cited4 opinions

  1. Kanterman v. PalmiottiAppellate Division of the Supreme Court of the State of New York · 1986
  2. Levine v. McFarlandAppellate Division of the Supreme Court of the State of New York · 1983
  3. Henry L. Fox Co. v. SleicherAppellate Division of the Supreme Court of the State of New York · 1992
  4. Gordon v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by10 opinions

  1. James v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  2. Rodriguez v. Sau Wo LauAppellate Division of the Supreme Court of the State of New York · 2002
  3. Gill v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Mateo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  5. Leugemors v. SlawinskiAppellate Division of the Supreme Court of the State of New York · 1998

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