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GRANGE v. TOWN OF YORKSHIRE

22 A.D.2d 752 (1964)

Joseph T. Grange, Individually and as Guardian ad Litem of Richard J. Grange, an Infant, Appellant, v. Town of Yorkshire, Respondent, et al., Defendant

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

October 29, 1964

Order modified in accordance with the memorandum and as modified, affirmed, without costs of this appeal to any party.

Memorandum:

The order dismissed the infant plaintiff's personal injury action because of his failure to comply with defendant's demand for an oral and physical examination pursuant to section 50-h of the General Municipal Law, and also dismissed the father's derivative action although no demand had been made for any examination of

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