BROWN v. COOK


45 Misc.2d 866 (1965)

Geraldine Brown, an Infant, by Her Father Nathan Brown, et al., Plaintiffs, v. Robert J. Cook et al., Defendants.

City Court, City of Newburgh.

March 23, 1965


Attorney(s) appearing for the Case

Flood & McCloskey for defendants. John T. Mazzeo for plaintiffs.


BRYANT FISCHLER, J.

Defendants by way of notice of motion seek an order striking the note of issue filed by plaintiffs on the ground that there has been no physical examination of plaintiff.

The summons and complaint in this action was served upon defendants on December 12, 1964 to recover damages for personal injuries sustained as a result of an automobile accident which occurred on September 11, 1964. Issue was joined by service of the defendants...

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