Gamble v. Anlynne, Inc.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Santucci, J.), dated May 22, 1991, which denied its motion to strike the plaintiff’s pleadings on the condition that the plaintiff appear for an examination before trial within 60 days prior to the date set for trial.

Ordered that the order is modified, as a matter of discretion, by deleting the provision thereof permitting the plaintiff to appear for an examination before trial within 60 days prior to the date set for trial; as so modified, the order is affirmed,…