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OMAR v. DAVID FRUIT & CO., INC.

59 A.D.2d 647 (1977)

Ahmed Omar, Respondent, v. David Fruit & Company, Inc., Appellant, et al., Defendant

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

September 23, 1977

Order unanimously reversed, without costs, and motion denied.

Memorandum:

Plaintiff-respondent was allegedly injured on October 25, 1968 and commenced this action on September 19, 1970. Defendant-appellant served its answer on March 5, 1971 and a bill of particulars was served on July 28, 1971. Note of issue and statement of readiness were filed on January 12, 1972. Defendant then served a notice for physical examination...

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