Rodriguez v. Sau Wo Lau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Barron, J.), dated December 12, 2001, which, in effect, granted the defendant’s motion pursuant to CPLR 3124 and 3126 to dismiss the complaint unless the plaintiff Fidelio Rodriguez appeared, for physical examinations.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The defendant waived her right to conduct physical examinations of the injured plaintiff by failing to arrange for such examinations within the 45-day…
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