WUND v. ROBINSON


33 A.D.2d 900 (1970)

Barbara A. Wund, an Infant by Her Guardian ad Litem. Charles H. Wund, Respondent, v. Joel A. Robinson, Appellant

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

January 27, 1970


Order entered May 21, 1969, which suspended the prosecution of this action, unanimously reversed on the law and the facts, without costs or disbursements to either party, and the case is restored to the Trial Calendar.

There is absent a medical affidavit to support the plaintiff's request as against the uncontested report of the court appointed physician. Further, there is such a ready question of prejudice vis-à-vis the defendant and the availability of witnesses...

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