JONES v. EIMERS


24 A.D.2d 867 (1965)

Lawrence Jones, an Infant, by His Guardian ad Litem, Harold Lane, et al., Respondents, v. Herbert E. Eimers, Appellant

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

November 1, 1965


Order of the Appellate Term affirmed, without costs.

Appellant cannot invoke our Special Rule, effective March 1, 1962, which is applicable to physical examinations and exchange of medical information. The rule pertains to "the party to be examined." In serving notice under the rule, plaintiffs proceeded on the assumption that the infants would be examined by defendant. When defendant failed to serve notice, required under the rule, of the name and address of his...

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