Kagan v. Morano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a personal injury action, defendant appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated August 30, 1983, which denied her motion to compel plaintiff to submit to a further physical examination. H Order affirmed, without costs or disbursements. H Having failed to make a motion to strike the action from the calendar within 20 days from the filing of the note of issue and statement of readiness, defendant waived the right to conduct further discovery (22 NYCRR 675.3; Huttner v Mayberry, 96 AD2d 527). It is clear that pursuant to the pretrial order of Special Term,…
2Cases cited1 opinion
- Huttner v. MayberryAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by1 opinion
- Flanagan v. WolffAppellate Division of the Supreme Court of the State of New York · 2016