Defendant moved to vacate the note of issue and to strike the action from the Trial Calendar so that it could conduct a neurological/psychological examination of plaintiff. Generally, the failure to move to vacate a note of issue and certificate of readiness within 20 days of service constitutes a waiver of the right to conduct a subsequent physical examination, absent a showing of special circumstances or adequate reason for the delay (Sewell v Singh,
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DOMINGUEZ v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.
168 A.D.2d 376 (1990)
Margarita Dominguez, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 20, 1990
December 20, 1990
Appellate Division of the Supreme Court of the State of New York, First Department.
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