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JONES v. GRAND OPAL CONSTRUCTION CORP.

64 A.D.3d 543 (2009)

883 N.Y.S.2d 253

RITA JONES et al., Appellants, v. GRAND OPAL CONSTRUCTION CORP. et al., Respondents.

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

Decided July 7, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants waived their right to conduct physical examinations of the plaintiffs by their failure to arrange for such examinations within the 45-day period set forth in the parties' preliminary conference order (see Rodriguez v Sau Wo Lau, 298 A.D.2d 376 [2002]; James v New York City Tr. Auth., ...

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