Appellate Division of the Supreme Court of the State of New York October 7, 2002 (Rodriguez v. Sau Wo Lau)

In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Barron, J.), dated December 12, 2001, which, in effect, granted the defendant’s motion pursuant to CPLR 3124 and 3126 to dismiss the complaint unless the plaintiff Fidelio Rodriguez appeared, for physical examinations.