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ESPOSITO v. NEW YORK HOSP.

114 Misc.2d 756 (1982)

Vincent Esposito et al., Plaintiffs, v. New York Hospital et al., Defendants.

Supreme Court, Special Term, New York County.

June 3, 1982

Attorney(s) appearing for the Case

Lipsig, Sullivan & Liapakis, P. C. (Melisande Hill of counsel), for plaintiffs. Martin, Clearwater & Bell (Edgar A. Hirsch, III, of counsel), for defendants.

BENTLEY KASSAL, J.

FACTS

This is a medical malpractice action in which plaintiff claims a hearing loss. The defendant seeks to have a physical examination by means of two medical procedures, namely, an X ray of the temporal bone and an electro-nystamography test, as well as the taking of an appropriate history from the plaintiff. The claimed basis for these tests is to "establish whether or not the plaintiff has a congenital or an anatomical...

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