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MAYO v. LINCOLN TRIANGLE ASSOCS., INC.

248 A.D.2d 362 (1998)

669 N.Y.S.2d 635

John Mayo, Appellant, v. Lincoln Triangle Associates, Inc., et al., Respondents

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

March 2, 1998

Ordered that the order is reversed, without costs, and the motion is denied.

The defendants waived their right to conduct physical examinations of the plaintiff when they failed to hold the examinations during the period of time set forth by the court in its preliminary conference order, and thereafter, when they failed to conduct the examinations within the 45-day period set forth in a stipulation signed by the parties...

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