Peralta v. John Tara, Inc.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered January 31, 2006, which, in an action for personal injuries sustained when plaintiff bicyclist was struck by defendants’ vehicle, denied plaintiffs motion pursuant to CPLR 3103 (a) to amend the preliminary conference order so as to grant him priority of examination before trial, unanimously affirmed, without costs.

Plaintiff argues that he is entitled to priority of examination because he served the first notice of examination on May 25, 2005, after defendants’ time to answer had expired. Defendants’ attorney represents that on…