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MILLER v. HOLTZ HOUSE

152 Misc.2d 727 (1991)

Bradley P. Miller et al., Plaintiffs, v. Holtz House of Vehicles, Inc., Defendant.

Supreme Court, Monroe County.

December 17, 1991

Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Oppenheimer & Greenfield (Sheldon W. Boyce, Jr., of counsel), for plaintiffs. Connors, Corcoran, Hall & Meyering (Roger W. Avery of counsel), for defendant.

FRANCIS A. AFFRONTI, J.

A legally unique and unprecedented motion now comes before this court wherein the plaintiff, Bradley P. Miller, seeks to vacate the notice for his physical examination, because the physician designated to perform the exam has a history of inflicting pain during his examinations. Dr. Austin R. Leve, a board-certified orthopedic surgeon, who is the defendant's designated physician chosen...

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