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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