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GRADY v. PHILLIPS

159 Misc.2d 848 (1993)

606 N.Y.S.2d 877

Jonathan H. Grady, Plaintiff, v. Richard W. Phillips, Defendant and Third-Party Plaintiff. Cambridge Records & Tapes of Colonie, Inc., Third-Party Defendant.

Supreme Court, Schenectady County.

December 29, 1993

Attorney(s) appearing for the Case

Pemberton & Briggs, Schenectady, for defendant and third-party plaintiff. Gordon, Siegel, Mastro, Mullaney & Gordon, Schenectady, for plaintiff. Roche, Corrigan, Mc Coy & Bush, Albany, for third-party defendant.

WILLIAM H. KENIRY, J.

The issue framed for determination is whether or not a registered nurse employed by plaintiff's attorneys can be present during a physical examination of plaintiff conducted by a physician designated by defendant.

Pursuant to agreement of counsel, defendant was afforded the opportunity to conduct a postnote of issue physical examination of plaintiff.*

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