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MAY v. AMERICAN RED CROSS

282 A.D.2d 285 (2001)

722 N.Y.S.2d 868

GENEVA MAY, Appellant, v. AMERICAN RED CROSS, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 12, 2001.

Although defendant waived its right to physically examine plaintiff by failing to comply with the deadlines set in three prior orders, we decline to disturb the motion court's exercise of discretion where the action will remain on the calendar and it does not otherwise appear that the requested physical examination will prejudice plaintiff (see, Urena v Bruprat Realty Corp., 179 A.D.2d 505; Dominguez v Manhattan & Bronx Surface...

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