Ordered that the order is affirmed, with costs.
On August 21, 2006, the parties entered into a stipulation requiring the infant plaintiff to appear for an independent medical examination within 45 days. The stipulation was incorporated by reference into a conditional order of preclusion dated August 21, 2006, which provided that "the failure of a party to comply with said stipulation will result in that party being precluded from offering evidence at trial with respect...
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