KERLIN v. GREEN


36 A.D.2d 892 (1971)

James A. Kerlin, Jr., Appellant, v. David M. Green, Respondent

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

April 1, 1971


Order unanimously reversed, without costs to either party, and motion granted upon condition that plaintiff submit to a physical examination and an examination before trial if requested by defendant to do so.

Memorandum:

By notice of motion returnable February 10, 1970, plaintiff moved for leave to serve a proposed amended complaint increasing the ad damnum clause and an amended bill of particulars. CPLR 3025 (subd. [b]) provides that as to the amendment...

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