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QUAGLIA v. 69TH TENANTS CORP.

200 A.D.2d 436 (1994)

607 N.Y.S.2d 246

Modestino Quaglia et al., Respondents, v. 69th Tenants Corp. et al., Respondents, and R.D. Werner Co., Inc., Appellant. (And a Third- and Second Third-Party Action.)

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

January 13, 1994

Although plaintiff's certificate of readiness erroneously stated that discovery proceedings had been completed, plaintiff not having submitted to a physical examination by an internist designated by defendants, plaintiff had an acceptable excuse for not having done so (see, Savino v Lewittes, 160 A.D.2d 176, 178), namely, defendant Werner's refusal to schedule the examination unless plaintiff first provided blood and urine...

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