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SANTIAGO v. 679 WARING AVENUE LLC

3 A.D.3d 409 (2004)

770 N.Y.S.2d 620

NILSA N. SANTIAGO, Respondent, v. 679 WARING AVENUE LLC, Appellant.

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

January 20, 2004.

This action was marked off the trial calendar due solely to circumstances connected to the reorganization of defendant's insurance carrier. Generally, the failure to move to vacate a note of issue and certificate of readiness within 20 days of service constitutes a waiver of the right to conduct a subsequent physical examination, absent a showing of special circumstances or adequate reason for delay (Sewell v Singh,

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