WILSON v. LEITE


43 A.D.2d 736 (1973)

John Wilson, an Infant, by Harlean Wilson, His Parent, Respondent, v. Marge Leite, Doing Business as Beauty Boutique, Appellant

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

December 24, 1973


Order modified by striking therefrom the decretal paragraph which denied the motion and by substituting therefor the following: "Ordered that defendant's motion is granted, the examinations of the infant plaintiff and his guardian shall proceed at a time and place to be fixed by defendant upon ten days' written notice". As so modified, order affirmed, without costs.

In our opinion, the denial of the motion was an improvident exercise of discretion. We believe the...

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