Law v. City of New York

Full title: RONALD LAW et al., Appellants, v. CITY OF NEW YORK, Respondent

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

Date published: May 26, 1998

250 A.D.2d 540 (N.Y. App. Div. 1998)

672 N.Y.S.2d 704

Opinion

May 26, 1998

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

Although defendant waived its right to conduct physical examinations of plaintiffs by failing to arrange for such in accordance with the preliminary conference order, and again by failing to move to strike the case from the trial calendar within 20 days of plaintiffs filing of a note of issue, we decline to disturb the motion courts exercise of discretion, where plaintiffs misrepresented that physical examinations had been completed in their certificate of readiness, and the conducting of the requested physical examinations will not delay commencement of the trial ( see, Dominguez v. Manhattan Bronx Surface Tr. Operating Auth., 168 A.D.2d 376).

Concur — Milonas, J.P., Nardelli, Mazzarelli and Andrias, JJ.