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OWEN v. LESTER

2010-04093

79 A.D.3d 992 (2010)

915 N.Y.S.2d 277

KYLE OWEN, an Infant, by His Mother and Natural Guardian, DANIELLE WILLIAMS OWEN, et al., Appellants, v. DENISE LESTER et al., Respondents, et al., Defendant.

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

Decided December 21, 2010.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and that branch of the motion of the defendants Denise Lester and South Bay OB/GYN, P.C., which was to extend their time to perform an independent medical examination of the plaintiff Kyle Owen is denied.

The respondents waived their right to conduct an independent medical examination of the infant plaintiff by failing to arrange...

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