LEON v. TCHAIKA RENEWAL CO., LTD.


225 A.D.2d 390 (1996)

639 N.Y.S.2d 38

Amanda Leon, an Infant, by Her Mother and Natural Guardian, Desiree Leon, et al., Respondents, v. Tchaika Renewal Co., Ltd., Appellant, et al, Defendant

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

March 14, 1996


We agree with the IAS Court that defendant waived its right to conduct a physical examination of plaintiff. After the filing of a note of issue the parties had entered into a stipulation in which plaintiff had consented to the exam in exchange for defendant's forbearance from seeking vacatur of the note of issue. However, defendant designated a physician who was not only unqualified to evaluate the type of injuries in issue but...

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