LEVINE v. McFARLAND


98 A.D.2d 795 (1983)

Steven Levine, Appellant, v. Thomas McFarland et al., Respondents, et al., Defendant

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

December 27, 1983


Order reversed, insofar as appealed from, with costs, and defendants McFarland and Garofolo's motion is denied without limitation.

A precalendar conference was held in this matter on June 23, 1982. An order was issued by the Justice presiding at the conference (Aronin, J.), directing that a physical examination of plaintiff be held "on or before 8/1/82". The physical examination did not take place. At a compliance hearing, held on September 23, 1982, plaintiff argued...

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