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DELGADO v. FOGLE

32 A.D.2d 85 (1969)

Luz M. Delgado et al., Appellants, v. James Fogle, Jr., et al., Respondents

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

May 12, 1969.

Attorney(s) appearing for the Case

Delukey & Shapiro (Stanley Shapiro of counsel), for appellants.

Bower, O'Connor, Taylor & Gardner (John Gardner of counsel), for respondents.

CHRIST, Acting P. J., BRENNAN, HOPKINS and BENJAMIN, JJ., concur.

MARTUSCELLO, J.

The action is to recover damages, inter alia, for personal injuries sustained by plaintiff Luz Maria Delgado. The question presented upon this appeal is whether defendants who, having been served by the plaintiffs with a notice of availability for physical examination pursuant to former rule I of part 4 of the Rules of the Appellate Division, Second Department (retitled and renumbered 22...

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