BROWN v. CHIN


65 A.D.2d 719 (1978)

Medicus Brown, Appellant, v. Thomas Chin, Respondent

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

November 16, 1978


Contrary to the comment in the dissent, we do not suggest that I. C. Parts are exempt from the Rules of the Supreme Court. We hold only that the particular responsibilities of a Judge to whom a case is assigned for trial is entitled to consideration in evaluating his exercise of discretion. It is surely pertinent that the trial court could reasonably have concluded that defendant had been led to believe that the plaintiff would interpose no objection to a physical examination...

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