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CURRAN v. CASELLA

8 A.D.2d 423 (1959)

Teresa M. Curran, Respondent, v. Charles Casella, Appellant, and Loretta M. Nixon, Respondent

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

June 30, 1959.

Attorney(s) appearing for the Case

Millard N. Bush of counsel (Bush & O'Brien, attorneys), for appellant.

Nathan L. Levine of counsel (Ernest L. Gard with him on the brief), for Teresa M. Curran, respondent.

BOTEIN, P. J., BREITEL, RABIN and VALENTE, JJ., concur.

McNALLY, J.

In this action for personal injuries, defendant-appellant appeals from an order of the Supreme Court, County of New York, granting plaintiff's motion to require defendant-appellant to furnish copies of the report of the physician who examined the plaintiff on the defendant-appellant's behalf.

The action was commenced by the service of summons on both defendants on July 16, 1958. The complaint was served on

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