KASHMER v. CITY OF NEW YORK


23 A.D.3d 293 (2005)

804 N.Y.S.2d 241

JEAN KASHMER, Respondent, v. CITY OF NEW YORK, Defendant, and METROPOLITAN 810 7TH AVE. LLC, Appellant.

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

November 22, 2005.


Defendant Metropolitan's motion was properly denied since it failed to present a reasonable excuse for its default. The court also properly exercised its discretion in precluding defendant from conducting an independent medical examination of plaintiff. Defendant waived its right to the examination by failing without excuse to comply with court-imposed discovery deadlines; it made no showing that its noncompliance was attributable to any unusual or unanticipated circumstance...

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