LUDDEN v. ERIE LACKAWANNA RY. CO.


38 A.D.2d 783 (1972)

Eugene W. Ludden, Respondent, v. Erie Lackawanna Railway Company, Appellant

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

January 20, 1972


Order, insofar as appealed from unanimously reversed, without costs, and motion denied, without prejudice to a renewal thereof on proper papers.

Memorandum:

Plaintiff seeks an examination before trial of certain physicians as agents of defendant under CPLR 3101 (subd. [a], par. [1]). His affidavit alleges simply that he was directed by defendant to consult these physicians, who are "company surgeons" as indicated on a list furnished by defendant and attached...

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