COLONEL v. MYNEL TRANSP. CORP.


23 A.D.2d 757 (1965)

Raymond Colonel, Appellant, v. Mynel Transportation Corp., Respondent, et al., Defendant

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

April 5, 1965


Order reversed, with $10 costs and disbursements, and motion denied.

In our opinion, it was an improper exercise of discretion to grant a physical examination after this defendant, without any reasonable excuse, had defaulted in conducting such examination pursuant to a notice previously served by plaintiff. It was also improper to grant the examination since the defendant had failed to move to strike the action from the calendar within 20 days after plaintiff had...

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