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REMIGIO v. CITY OF NEW YORK

12 A.D.3d 334 (2004)

786 N.Y.S.2d 16

JACINTO REMIGIO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

November 30, 2004.

The motion court appropriately exercised its discretion in permitting defendant to conduct an independent medical examination of the infant plaintiff even though defendant did not move to vacate the note of issue within 20 days after its service pursuant to 22 NYCRR 202.21 (e). The temporary unavailability of one of plaintiffs' witnesses and the permanent unavailability of another constituted a reasonable excuse for permitting plaintiffs to serve new liability and expert...

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