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RODRIGUEZ v. WO LAU

298 A.D.2d 376 (2002)

751 N.Y.S.2d 231

FIDELIO RODRIGUEZ et al., Appellants, v. SAU WO LAU, Respondent.

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

Decided October 7, 2002.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The defendant waived her right to conduct physical examinations of the injured plaintiff by failing to arrange for such examinations within the 45-day period set forth in the discovery order of the Supreme Court (see James v New York City Tr. Auth., 294 A.D.2d 471; Schenk v Maloney, 266 A.D.2d 199

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