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O'LEARY v. SEALEY

50 Misc.2d 658 (1966)

Patricia A. O'Leary, Plaintiff, v. Kenneth Sealey et al., Defendants.

District Court of Nassau County, First District.

June 22, 1966

Attorney(s) appearing for the Case

Molloy, Fletcher & Dunne for plaintiff. James A. Doherty for defendant.

I. STANLEY ROSENTHAL, J.

This is a motion made by the plaintiff for a physical examination of the defendant. The action is in negligence and it is claimed that the defendant's car struck the plaintiff's car in the rear on the Northern State Parkway on the 23d day of September, 1962.

The motion is based on CPLR 3121 (subd. [a]) upon the basis that in the examination before trial of the defendant she admitted...

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