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HOTALING v. RUSSELL

107 A.D.2d 921 (1985)

David Hotaling, Respondent, v. Philip E. Russell et al., Individually and Doing Business as Danny's, Appellants

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

January 17, 1985

In this negligence action brought to recover damages for personal injuries, plaintiff has on two occasions, for undisclosed "personal and physical reasons", failed to attend previously scheduled appointments for a physical examination to be conducted by defendants' physician. Defendants thereupon moved for and secured an order, dated November 21, 1983, compelling plaintiff to submit to such examination. The order also provided...

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