MAZZUCA v. WARREN P. WIELT TRUST


59 A.D.3d 907 (2009)

___ N.Y.S.2d ___

TERRI MAZZUCA, Individually and as Parent of ANGELINA MAZZUCA, an Infant, Appellant, v. WARREN P. WIELT TRUST, Individually and Doing Business as PINE RIDGE TRAILER COURT, et al., Respondents.

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

Decided February 26, 2009.


KANE, J.

Plaintiff, individually and on behalf of her infant daughter, commenced this action alleging that her daughter was injured due to dangerous conditions on defendants' premises. When the parties were unable to schedule an independent medical examination (hereinafter IME), Supreme Court ordered that the IME take place by a certain date. After defense counsel confirmed a date for the IME with plaintiff's counsel, and plaintiff's counsel informed plaintiff of...

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