The action was properly struck from the trial calendar upon the ground that plaintiff's note of issue and certificate of readiness incorrectly stated that defendants had waived their right to a physical examination of plaintiff (22 NYCRR 202.21 [e]). As the motion court stated, the notice of availability served by plaintiff's attorneys was "of no value" since plaintiff's whereabouts at the time were unknown, even to his own attorney, and did not become known until shortly...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.