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SPANO v. OMNI ENGINEERING, LLC

2009-06985

69 A.D.3d 922 (2010)

893 N.Y.S.2d 259

2010 NY Slip Op 667

MARIA SPANO et al., Appellants, v. OMNI ENGINEERING, LLC, et al., Respondents.

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

Decided January 26, 2010.

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

The defendants waived their right to conduct a physical examination of the plaintiff Maria Spano (hereinafter the injured plaintiff) by their failure to arrange for such an examination within the 30-day time period set forth in the preliminary conference order dated December 12, 2007 (see Jones v Grand Opal Constr. Corp., 64 A.D.3d 543

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