In his bill of particulars, plaintiff stated that he suffered injuries, including a traumatic brain injury, when the car he was driving was rear-ended by a car owned and operated by defendants. Following plaintiff's disclosure that he was suffering from headaches, and that an MRI of his head revealed traumatic injury, he filed a note of issue. Defendants, who did not notice a physical examination, then filed an untimely motion to vacate the note of issue, which Supreme Court...
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