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DUFFY v. BANKS

15 A.D.2d 663 (1962)

Marie Duffy, as Guardian ad Litem of Ethel Duffy, et al., Appellants, v. Luther Banks et al., Respondents Luther Banks, Plaintiff, v. Star Bus Lines, Inc., et al., Defendants

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

January 15, 1962

Order reversed, without costs, and motion granted on the condition that, if defendant Banks shall so elect within 10 days after entry of the order hereon, the infant plaintiff shall submit to a physical examination and an examination before trial.

If such election be made, the examinations shall be held and the proposed supplemental complaint and bill of particulars shall be served within 15 days after entry of the order hereon or on any other date mutually agreed...

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