MARSHALL v. VYZIAK


40 A.D.2d 1051 (1972)

Ella M. Marshall et al., Appellants, v. Albert Vyziak, Respondent

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

December 14, 1972


Following an accident on October 17, 1969 in which said plaintiff allegedly received personal injuries, defendant's representative contacted her to effect a settlement. At his request and prior to commencement of an action, she submitted to a physical examination by a doctor on November 13, 1970. The disputed notice seeking a second examination by another physician was served after the instant action to recover for said injuries had been started. CPLR 3121 provides for a...

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