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WEINERMAN v. BENNETT

28 A.D.2d 861 (1967)

Janet Weinerman et al., Respondents, v. Madison Bennett, Appellant

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

July 5, 1967

The Trial Term shall fix the time and place of the examination in accordance with the interests of justice. In our opinion, a reasonable excuse was demonstrated for defendant's failure to respond to the notice for a physical examination. However, costs are imposed against defendant since his failure properly to respond to the notice occasioned the ensuing...

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