ANDRESEN v. WALLER CONSTR. CORP.


28 A.D.2d 982 (1967)

Kaare Andresen, Appellant, v. Waller Construction Corp. et al., Respondents

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

October 10, 1967


Order entered January 25, 1967 unanimously reversed, on the law and the facts, with $30 costs and disbursements to the plaintiff-appellant, and the motion for a physical examination is denied without prejudice to an application at the time of trial for a physical examination as to the then existing condition of the plaintiff.

Some 20 months after the statement of readiness was filed by the plaintiff, the defendants-respondents brought this motion for a physical examination...

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