From Casetext: Smarter Legal Research

Fortuniewicz v. Lawrence Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 514 (N.Y. App. Div. 1996)

Opinion

July 22, 1996

Appeal from the Supreme Court, Westchester County (Ingrassia, J.).


Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The Supreme Court did not improvidently exercise its discretion in denying the motion for further physical examination of the infant plaintiff since the movant failed to demonstrate that unusual or unanticipated circumstances had developed which warranted the granting of the motion, which was made after the filing of the note of issue and certificate of readiness ( see, 22 NYCRR 202.21 [d]; Pallotta v. West Bend Co., 166 A.D.2d 637, 639). Mangano, P.J., Thompson, Florio, McGinity and Luciano, JJ., concur.


Summaries of

Fortuniewicz v. Lawrence Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 514 (N.Y. App. Div. 1996)
Case details for

Fortuniewicz v. Lawrence Hospital

Case Details

Full title:DANIEL FORTUNIEWICZ, et al., Respondents, v. LAWRENCE HOSPITAL, Defendant…

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

Date published: Jul 22, 1996

Citations

229 A.D.2d 514 (N.Y. App. Div. 1996)
644 N.Y.S.2d 1015