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DELFYETTE v. FISHER

40 A.D.2d 674 (1972)

Bessie Delfyette, Respondent, v. Henry A. Fisher et al., Individually and as Partners in Fisher & Ramer, Appellants

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

October 2, 1972

Interlocutory judgment reversed, on the law and the facts, with costs and complaint dismissed.

Plaintiff persistently refused to submit to a physical examination despite a court order compelling her to do so in connection with her action against one Douth to recover damages for personal injuries. Because of such default her complaint was dismissed and this court affirmed an order denying a motion to vacate the default (Delfyette v. Douth, 28...

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