Order reversed, on the law and the facts, without costs, and motion granted.
Defendant is directed to appear for examination before trial at a time and place to be specified in a ten-day written notice, or at such other time and place mutually fixed by the attorneys for the respective parties. About 10:00 A.M. on April 18, 1963 defendant, a physician, removed the tonsils and adenoids from plaintiff's 5½-year-old son. The son died about 12 hours later. This action...
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