BUERGER v. COUNTY OF ERIE


101 A.D.2d 1025 (1984)

Joyce E. Buerger et al., Respondents, v. County of Erie, Defendant, and Thomas Ailinger et al., Appellants

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

May 25, 1984


Order unanimously reversed, without costs, and motion granted.

Memorandum:

In this negligence action, defendants appeal the denial of their motion for a third medical examination of plaintiff, or an order precluding his testimony. Plaintiff was first examined by defendants' medical expert on May 7, 1979, five months after the automobile accident underlying his claim. In July of 1979 defendants were advised via a supplemental bill of particulars that he was...

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