Legal Opinion
Leugemors v. Slawinski
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1998PublishedCited by 6 opinions
1Opinion of the Court
—Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court abused its discretion in denying defendants’ motion to *914compel plaintiff to submit to a physical examination. Plaintiff asserted that defendants had waived their right to a physical examination by failing to conduct an examination within the time period set forth in plaintiffs “Notice Fixing Time for Physical Examination” (notice) (see, 22 NYCRR 202.17 [a]). The court had the discretion to grant the motion to compel a physical examination if “there is a good excuse for the delay and no prejudice to…
2Cases cited4 opinions
- Williams v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 1989
- Mayo v. Lincoln Triangle Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Urena v. Bruprat Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Resnick v. SeherAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
- Young v. Tops Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Smith v. MousaAppellate Division of the Supreme Court of the State of New York · 2003
- Garcia v. MunnerlynCivil Court of the City of New York · 2002
- Parente v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Green v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
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