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THOMAS v. MELBERT FOODS

19 N.Y.2d 216 (1967)

Margot Thomas, Appellant, v. Melbert Foods, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 2, 1967.

Attorney(s) appearing for the Case

George D. Garofallou for appellant.

Lewis I. Wolf and Emanuel Morgenbesser for respondent.

Judges VAN VOORHIS, SCILEPPI and BERGAN concur with Judge KEATING; Judge BURKE dissents in an opinion in which Chief Judge FULD concurs; Judge BREITEL taking no part.

KEATING, J.

The plaintiff has alleged that she was injured in October of 1960. She brought this action against the defendant in June, 1962. In the same month issue was joined. In March, 1963, the defendant served on the plaintiff a notice for a physical examination. The plaintiff failed to submit to the examination, and took no further steps in the action.* Finally, in February, 1965...

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