Alvarez v. Feola

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered May 18, 2015, which, insofar as appealed from as limited by the briefs, denied defendant’s motion to strike the note of issue to permit him to undertake a medical of plaintiff, unanimously affirmed, without costs.

Plaintiff alleges that she suffered injuries to both shoulders when she slipped and fell on the sidewalk abutting defendant’s premises. Following plaintiff’s disclosure that she had surgery on both shoulders, defendant waived his right to a medical examination since he “willfully refused or simply failed to avail…