Robinson v. Morphis

In an action to recover damages for personal injuries, etc., predicated upon an alleged assault, defendant 220 East 54th Street Company appeals (1) from an order of the Supreme Court, Queens County, dated September 13, 1976, which (a) granted plaintiffs’ motion to vacate a prior order which, upon their default, granted appellant’s motion to strike their note of issue and statement of readiness, and (b) restored the action to the Trial Calendar, "without reservation to the holding of a physical examination of the plaintiff”, and (2) as limited by its brief, from so much of a further order of…