MATEO v. CITY OF NEW YORK


282 A.D.2d 313 (2001)

723 N.Y.S.2d 362

MYRNA MATEO et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and REGINE'S ORIGINALS, INC., Appellant.

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

Decided April 17, 2001.


Supreme Court properly exercised its discretion in denying the non-City defendants' motion to strike plaintiff's note of issue and in granting plaintiff's motion to preclude the non-City defendants from, inter alia, conducting a physical examination of plaintiff. Although the non-City defendants timely moved within 20 days to strike plaintiff's note of issue, the non-City defendants failed to establish that plaintiff's certificate of readiness

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