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AQUILIA v. SMITH

145 A.D.2d 319 (1988)

Joseph Aquilia et al., Respondents, v. Aloysius G. Smith, Appellant, et al., Defendant

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

December 6, 1988

In this medical malpractice action defendant has been dilatory in designating his examining physicians, and plaintiff has been more than captious in frustrating the progress of the action by asserting these minor delays to the fullest technical extent. The disposition we reach is designed to elevate substance over form, and to avoid the needless prejudice to defendant which denial of a complete physical examination of plaintiff...

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