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WOLPER v. LaGUARDIA MED. GROUP

143 A.D.2d 830 (1988)

Shirley Wolper, Individually and as Executrix of Irving Wolper, Deceased, Appellant, v. LaGuardia Medical Group, P. C., et al., Defendants, and S. Berg, Respondent

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

October 17, 1988

Ordered that the order is affirmed insofar as appealed from, with costs.

On the record before us, it cannot be said that the order of the Supreme Court giving the respondent one last opportunity to appear for an examination before trial constitutes an abuse of discretion (see, CPLR 3126; De Joy v L & T Tavern Corp., 89 A.D.2d 613

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