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MILLER v. LOBLAW, INC

96 Misc.2d 1056 (1978)

Marie Miller, Plaintiffs v. Loblaw, Inc., et al., Defendants.

Supreme Court, Special Term, Chemung County.

February 28, 1978

Attorney(s) appearing for the Case

Smith, Sovik, Kendrick, McAuliffe & Schwarzer, P. C., for Loblaw, Inc., defendant. Levene, Gouldin & Thompson for Pasyl Corp., defendant. Ziff, Weiermiller, Learned & Hayden for plaintiff.

HOWARD A. ZELLER, J.

Defendant Loblaw, Inc., moves for an order under CPLR 3121 and CPLR 3124 compelling plaintiff to appear for a physical examination.

Plaintiff, Marie Miller, brought this action in Chemung County where she resides, and alleges that while shopping in New York City on May 29, 1976 she was injured by a fall in a parking lot. The premises are leased by defendant Loblaw, Inc., from defendant...

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