SMITH v. MOUSA


305 A.D.2d 313 (2003)

759 N.Y.S.2d 482

JERRY SMITH, JR., Respondent, v. GAMAL I. MOUSA, Appellant.

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

Decided May 27, 2003.


Plaintiff commenced this action for personal injuries in January 2001. The parties engaged in discovery and both plaintiff and defendant were deposed on May 22, 2002. The next day, May 23, 2002, a compliance conference was held and the IAS court issued a preliminary conference order directing, inter alia, that defendant designate a doctor to examine plaintiff by June 12, 2002 and that the examination be held by July 19, 2002.

Counsel for defendant did not meet these...

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