Although defendant waived its right to physically examine plaintiff by failing to comply with the deadlines set in three prior orders, we decline to disturb the motion court's exercise of discretion where the action will remain on the calendar and it does not otherwise appear that the requested physical examination will prejudice plaintiff (see, Urena v Bruprat Realty Corp.,
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.
