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PARTOW v. VAN OWNERS PURCH. BUR., INC.

Index No. 29770/17E Appeal No. 17389 Case No. 2022-04599.

213 A.D.3d 578 (2023)

183 N.Y.S.3d 419

2023 NY Slip Op 00959

Pardis Partow, Respondent, v. Van Owners Purchasing Bureau, Inc., et al., Appellants.

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

Decided February 21, 2023.

Attorney(s) appearing for the Case

Quintairos, Prieto, Wood & Boyer, P.A., New York ( Jyoti M. Halsband of counsel), for appellants.

Ogen & Sedaghati, P.C., New York ( Eitan Alexander Ogen of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Veronica G. Hummel, J.), entered on or about July 27, 2022, which denied defendants' motion seeking post-note of issue discovery and to compel plaintiff to appear for a further medical examination by defendants' expert, unanimously affirmed, without costs.

The court properly concluded that defendants waived the additional medical examination of plaintiff due to their dilatory conduct. A lack of diligence in seeking discovery does...

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