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QUINTANNA v. ROGERS

306 A.D.2d 167 (2003)

760 N.Y.S.2d 328

ANNA QUINTANNA et al., Respondents, v. LEE ROGERS et al., Appellants and Third-Party Plaintiffs. ALLEN SIMMONS, Third-Party Defendant-Respondent.

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

Decided June 19, 2003.

The court properly exercised its discretion in denying appellants' motion to strike plaintiffs' note of issue and in determining that appellants had waived their right to a physical examination of plaintiffs by failing to comply with the deadlines set in the court's prior order (see Mateo v City of New York, 282 A.D.2d 313 [2001]; Mayo v Lincoln Triangle Assoc., 248 A.D.2d 362 [1998]). Plaintiffs...

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