Quezada v 111 Wilkens Ave. LLC

Quezada v 111 Wilkens Ave. LLC 2010 NY Slip Op 04842 [74 AD3d 475] June 8, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

Angel Quezada, Respondent,
v
111 Wilkens Avenue LLC et al., Appellants, et al., Defendant.

—[*1] DeCicco, Gibbons and McNamara, P.C., New York (Daniel E. DeCicco of counsel), for appellants.

Schwartzapfel, Truhowsky & Marcus, P.C., Jericho (James Modzelewski of counsel), for respondent.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered October 22, 2009, which granted defendants-appellants' motion to strike the complaint only if plaintiff failed to appear for certain physical examinations "within 60 days prior to trial," unanimously modified, on the facts, to grant the motion only if plaintiff fails to appear for the physical examinations at least 60 days prior to trial, and otherwise affirmed, without costs.

We modify the order to allow defendants an adequate period before trial in which to evaluate the results of the physical examinations. The motion court's order, as written, permits plaintiff to appear for the physical examinations as late as the day before the trial. Concur—Gonzalez, P.J., Sweeny, Richter, Abdus-Salaam and RomÁn, JJ.