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JAKUBOWSKI v. LENGEN

86 A.D.2d 398 (1982)

Kathy Jakubowski, Appellant, v. Mark K. Lengen et al., Respondents. (Action No. 1.) Mark K. Lengen, Respondent, v. Glenn R. Beutel, Respondent. (Action No. 2.)

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

May 14, 1982

Attorney(s) appearing for the Case

Grossman, Levine & Civiletto (Mark Grossman and Richard G. Berger of counsel), for appellant.

Earl, DeLange, May & Jones (Morgan Jones and William H. Earl of counsel), for Glenn R. Beutel, respondent.

Mercer & Burke for Mark K. Lengen, respondent, in Action No. 1.

Mark Anthony Violante for Mark K. Lengen, respondent, in Action No. 2.

DILLON, P. J., CALLAHAN, DENMAN and BOOMER, JJ., concur.

DOERR, J.

In the course of a previously agreed upon physical examination of plaintiff by a physician designated by defendant in this personal injury action, it is claimed that a law clerk from the office of plaintiff's attorney unduly interfered with the conduct of the examination causing it to be terminated by the doctor. Briefly noted, the so-called interference occurred when plaintiff's representative refused...

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