Legal Opinion

Rizzo v. DeSimone

Appellate Division of the Supreme Court of the State of New York

Decided October 22, 2001PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golia, J.), dated December 7, 2000, which granted the defendants’ separate motions to strike the action from the trial calendar to the extent that the plaintiff was directed to submit to an independent medical examination by doctors designated by the defendants within 30 days.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the defendants’ motions were not untimely as a matter of law (see, 22 NYCRR 202.21 [e]; CPLR 2103 [b] [2];…

2Cases cited2 opinions

  1. Audiovox Corp. v. BenyaminiAppellate Division of the Supreme Court of the State of New York · 2000
  2. Levy v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by4 opinions

  1. Jacobs v. JohnstonAppellate Division of the Supreme Court of the State of New York · 2012
  2. Mosley v. FlaviusAppellate Division of the Supreme Court of the State of New York · 2004
  3. High Point of Hartsdale I Condominium v. AOI ConstructionAppellate Division of the Supreme Court of the State of New York · 2006
  4. Jacobs v. JohnstonAppellate Division of the Supreme Court of the State of New York · 2012

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