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GAMBOA v. CARNEY

250 A.D.2d 501 (1998)

672 N.Y.S.2d 876

Shayanie Gamboa, an Infant, by Her Mother and Natural Guardian, Virginia Gamboa, et al., Respondents, v. John P. Carney, Appellant

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

May 21, 1998

We agree with the motion court that whatever might be the effect of aging on the progress or manifestation of an infant's lead poisoning symptoms, aging is not an unusual or unanticipated circumstance warranting departure from the readiness rule prohibiting physical examinations after a note of issue is filed (22 NYCRR 202.21 [d]; see, Price v Bloomingdale's, 166 A.D.2d 151). No excuse is offered for failing to seek this additional...

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