Russell v. Bessen

In a medical malpractice action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Ferraro, J.), entered May 17, 1985, as denied those branches of his motion which were to strike the *717action from the Trial Calendar and to direct the plaintiff to submit to a physical examination.

Ordered that the order is affirmed insofar as appealed from, with costs.

Because the defendant failed to move to strike the note of issue filed by the plaintiff within 20 days after its service, as was then required…