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DRAYTON v. SUTHERLAND

182 A.D.2d 799 (1992)

Sonny Drayton et al., Appellants, v. Robert Sutherland et al., Respondents

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

April 27, 1992

Ordered that the order is affirmed, with costs.

The plaintiff Sonny Drayton contends that the defendant Welsbach Electric Corp. waived its right to require him to submit to physical examinations by failing to comply with a notice of availability served pursuant to 22 NYCRR 202.17. We disagree. 22 NYCRR 202.17 (a) provides, in relevant part, that

"[e]xcept where the court otherwise directs, in all actions in which recovery is sought for personal injuries ...

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