CESPUGLIO v. SA BROTHERS TAXI CORP.


44 A.D.3d 697 (2007)

842 N.Y.S.2d 738

RICHARD CESPUGLIO et al., Appellants-Respondents, v. SA BROTHERS TAXI CORP. et al., Respondents-Appellants.

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

Decided October 9, 2007.


Ordered that the order is affirmed, without costs or disbursements.

The defendants waived their right to conduct physical examinations of the plaintiffs by failing to designate the physician to conduct such examinations by August 21, 2006, the date set forth in the preliminary compliance conference order. However, under the circumstances of this case and absent a showing of prejudice to the plaintiffs, the court properly...

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