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DILENA v. IRVING REISMAN IRREVOCABLE TRUST

262 A.D.2d 256 (1999)

692 N.Y.S.2d 370

JOSEPH DILENA et al., Respondents, v. IRVING REISMAN IRREVOCABLE TRUST et al., Appellants. (And a Third-Party Action.)

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

Decided June 29, 1999.

Defendants' claim that plaintiffs' motion to preclude was untimely was not raised before the motion court and as a consequence is not preserved for appellate review. Defendants' contention that the two-page letter from their examining physician dated June 8, 1998 fully comports with the requirements for medical reports set forth in 22 NYCRR 202.17 (b) (1) is belied by the text of the letter, which clearly indicates that the letter was simply a cover for an enclosed "copy...

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