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RUSSO v. SOC'Y OF ST. VINCENT DE PAUL

29 A.D.2d 887 (1968)

Maxwell Russo, an Infant, by His Father and Natural Guardian, Matthew M. Russo, et al., Respondents, v. Society of St. Vincent De Paul, Appellant

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

March 18, 1968

The examination shall be held at a time and place agreeable to the parties or, if they cannot agree, at a time and place to be set by Special Term. In our opinion, unusual and unanticipated conditions have developed since the action was placed on the calendar. Accordingly, appellant's motion for a physical examination of the infant plaintiff should have been granted (cf. Appellate Division Rules, Second Dept. part 7, rule VII; Morrison v. Sam Snead Schools of Golf of N...

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