EDMUNDO BARBOSA v. CAPOLARELLO


52 A.D.3d 629 (2008)

858 N.Y.S.2d 913

JOSE EDMUNDO BARBOSA, Appellant, v. DOMINICK A. CAPOLARELLO et al., Respondents.

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

Decided June 17, 2008.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Although the defendants waived their right to a physical examination of the plaintiff by an orthopedist by their failure to designate a physician to conduct the examination by the date set forth in the compliance conference order, the circumstances of this case warranted relieving the defendants of their waiver, particularly in the absence of any prejudice to the plaintiff...

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