Opinion
January 26, 1987
Appeal from the Supreme Court, Westchester County (Ferraro, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Because the defendant failed to move to strike the note of issue filed by the plaintiff within 20 days after its service, as was then required by 22 N.Y.CRR former 675.3, and, in fact, waited 17 months before submitting the motion to strike without offering a reasonable excuse for this excessive delay, the defendant is deemed to have waived his right to thereafter conduct a physical examination of the plaintiff (see, Bowen v. Fiore, 42 A.D.2d 960; Sloan v. Briggs Leasing Corp., 97 A.D.2d 818). Furthermore, the defendant failed to demonstrate the existence of any special or unusual circumstances, or that unanticipated conditions developed subsequent to the filing of the note of issue, which would warrant a contrary result (see, Levine v. McFarland, 98 A.D.2d 795). Bracken, J.P., Lawrence, Eiber and Spatt, JJ., concur.