ROBILLARD v. PIGEON


24 A.D.2d 1060 (1965)

John H. Robillard, an Infant, by Della M. Robillard, His Guardian ad Litem, et al., Respondents, v. Joseph Pigeon, Appellant, et al., Defendant

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

December 23, 1965


Per Curiam.

The plaintiff moved to take on written interrogatories the testimony of a Massachusetts physician at Salem, Massachusetts. The defendants then moved to cancel the notice or, in the alternative, to be permitted to cross-examine the doctor orally at Salem. The court ordered an open commission on condition that the defendants defray the expenses of the plaintiffs' attorney in attending the examination. The sole issue raised by the defendant-appellant...

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