CARDILLO v. BONITO


256 A.D.2d 69 (1998)

681 N.Y.S.2d 752

MARCO CARDILLO et al., Respondents, v. LYDIA BONITO, Individually and as Executrix of FEDELE BONITO, Deceased, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 8, 1998.


It was an improvident exercise of discretion to deny defendant the opportunity to conduct a physical examination of plaintiff Marco Cardillo on the ground that she had failed to do so within the time constraints set forth in a preliminary conference order, especially in light of the fact that the note of issue was filed four months before the discovery deadline contained in the preliminary conference order. We modify to provide for such...

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