Poltorak v. Blyakham

Although the defendant waived his right to a physical examination of the plaintiff by his failure to arrange for such examination within the 45-day period set forth in an order issued at a precalendar conference hearing, the circumstances of this case warrant relieving the defendant of his waiver (see, Kanterman v Palmiotti, 122 AD2d 116). Here, the plaintiff filed a note of issue and statement of readiness on December 7, 1994, five days after the expiration of the time period set forth in the precalendar order for conducting physical examinations of the plaintiff. Based upon the defendant’s…