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PRICE v. BLOOMINGDALE'S

166 A.D.2d 151 (1990)

Este L. Price, Appellant, v. Bloomingdale's, a Division of Federated Department Stores, Inc., Respondent

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

October 2, 1990

Defendant's eve-of-trial oral motion for leave to conduct a physical examination of plaintiff was granted notwithstanding its failure to arrange for such within the period of time prescribed in a preliminary conference order (22 NYCRR 202.12 [c] [2]; [f]), or to move to vacate the note of issue and certificate of readiness within 20 days of its service (22 NYCRR 202.21 [e]). Asked by the court to explain these delays, defendant's attorney stated that he did ask for leave...

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