Opinion
December 6, 1988
Appeal from the Supreme Court, Bronx County (Anita Florio, J.).
In this medical malpractice action defendant has been dilatory in designating his examining physicians, and plaintiff has been more than captious in frustrating the progress of the action by asserting these minor delays to the fullest technical extent. The disposition we reach is designed to elevate substance over form, and to avoid the needless prejudice to defendant which denial of a complete physical examination of plaintiff would undoubtedly entail.
The balance of the order appealed from, which withheld an award of sanctions to either party, is affirmed.
Concur — Kassal, J.P., Rosenberger, Ellerin and Wallach, JJ.