Legal Opinion
Spano v. Omni Engineering, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2010PublishedCited by 5 opinions
1Opinion of the Court
The defendants waived their right to conduct a physical examination of the plaintiff Maria Spano (hereinafter the injured plaintiff) by their failure to arrange for such an examination within the 30-day time period set forth in the preliminary conference order dated December 12, 2007 {see Jones v Grand Opal Constr. Corp., 64 AD3d 543, 544 [2009]; Rodriguez v Sau Wo Lau, 298 AD2d 376 [2002]; James v New York City Tr. Auth., 294 AD2d 471, 472 [2002]), and by their failure to move to vacate the note of issue within 20 days after service of it and the certificate of readiness {see 22 NYCRR 202.21…
2Cases cited8 opinions
- Williams v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 1989
- Kanterman v. PalmiottiAppellate Division of the Supreme Court of the State of New York · 1986
- Schenk v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1999
- Jones v. Grand Opal Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- James v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by5 opinions
- Smith v. Cardella Trucking Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Andujar v. BoyleAppellate Division of the Supreme Court of the State of New York · 2021
- Rivera-Martinez v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
- Rivera-Martinez v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
- Smith v. Cardella Trucking Co.Appellate Division of the Supreme Court of the State of New York · 2014