DeVITO v. DeVITO


136 N.J. Super. 580 (1975)

347 A.2d 375

VICTORIA M. DeVITO, PLAINTIFF, v. SAMUEL J. DeVITO, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided October 14, 1975.


Attorney(s) appearing for the Case

Mr. George H. Stanger, Jr. for plaintiff (Messrs. Serata & Stanger, attorneys).

Mr. Josiah W. Crane, for defendant.


TESTA, J.C.C., Temporarily Assigned.

Defendant has made application for an order to compel plaintiff to submit to a physical and/or mental examination pursuant to R. 4:19 which provides:

In an action to which a claim is asserted by a party for personal injuries or in which the mental or physical condition of a party is in controversy, the court in which the action is pending may from time to time order him to submit to a physical or mental examination...

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