GENEVOSE v. WHEATALITY BAKERY


27 Misc.2d 325 (1960)

Ernest Genevose, Respondent, v. Wheatality Bakery, Inc., Appellant, et al., Defendants.

Supreme Court, Appellate Term, First Department.

June 23, 1960


Attorney(s) appearing for the Case

Theodore T. Weiser and Milton Pfeffer for appellant. Italo H. Ablondi and Richard F. Mele for respondent.

Concur — STEUER, J. P., HOFSTADTER and AURELIO, JJ.


Per Curiam.

Since the action is pending in New York State, the forum chosen by the plaintiff, it was improvident exercise of discretion to direct his physical examination by a Connecticut physician. The examination should be made by a physician licensed in New York who is subject to the jurisdiction of the City Court of the City of New York, so that he will be available to testify at the trial if need be. Such physician...

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