LAPSON v. HERTZ CORP.


169 A.D.2d 464 (1991)

Diane S. Lapson et al., Appellants, v. Hertz Corporation et al., Respondents

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

January 15, 1991


Although generally a party's failure to move to vacate a note of issue and a certificate of readiness within 20 days of service constitute a waiver of the right to conduct a subsequent physical examination, an adequate reason for the delay and lack of prejudice to plaintiff was demonstrated here so as to relieve defendant of such waiver. (See, Dominguez v Manhattan & Bronx Surface Tr. Operating Auth., 168 A.D.2d 376.)...

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