Rivera-Martinez v. New York City Transit Authority

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Ash, J.), dated September 18, 2013, as granted that branch of the defendants’ cross motion which was to direct the plaintiff to submit to physical examinations.

*655Ordered that the order is affirmed insofar as appealed from, with costs.

Although the defendants waived their right to conduct physical examinations of the plaintiff by their failure to arrange for any examination within the 60-day time period set forth in a preliminary…