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RUBENSTEIN v. RUBENSTEIN

21 N.J. Super. 486 (1952)

91 A.2d 446

ROSE RUBENSTEIN, PLAINTIFF, v. JOSEPH RUBENSTEIN, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided September 30, 1952.

Attorney(s) appearing for the Case

Messrs. Feder & Rinzler (Mr. Joseph A. Feder appearing), attorneys for plaintiff.

Mr. Carl F. Nitto, attorney for defendant.

HEGARTY, A.M.

Defendant's motion brings up for consideration his application for an order requiring the plaintiff to submit to physical examination by Dr. Joseph F. Zigarelli, of Paterson, New Jersey. The application is based upon Rule 3:35 and 3:35-1 which provides:

"Rule 3:35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS.

3:35-1 Order for Examination.

In an action in which the mental...

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