Opinion
May 21, 1998
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
We agree with the motion court that whatever might be the effect of aging on the progress or manifestation of an infants lead poisoning symptoms, aging is not an unusual or unanticipated circumstance warranting departure from the readiness rule prohibiting physical examinations after a note of issue is filed ( 22 NYCRR 202.21 [d]; see, Price v. Bloomingdale's, 166 A.D.2d 151). No excuse is offered for failing to seek this additional physical examination of the infant plaintiff no later than 20 days after the filing of the note of issue ( 22 NYCRR 202.21 [e]).
Concur — Sullivan, J.P., Ellerin, Williams, Mazzarelli and Andrias, JJ.