JOHNSON v. M & A TRUCKING CO.


33 A.D.2d 703 (1969)

Chester M. Johnson, Respondent, v. M & a Trucking Co. et al., Appellants

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

November 24, 1969


Order modified, on the law and the facts, by adding thereto a decretal provision that the granting of the motion is conditioned on plaintiff's submitting to a new physical examination if demanded by defendants upon 20 days' written notice. As so modified, order affirmed, with $10 costs and disbursements to respondent.

In our opinion, under the facts disclosed, the Special Term properly exercised its discretion in permitting the removal of the action to the Supreme...

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