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QUAGLIA v. 69TH TENANTS CORP.

198 A.D.2d 108 (1993)

605 N.Y.S.2d 841

Modestino Quaglia et al., Respondents, v. 69th Tenants Corp. et al., Respondents, and R.D. Werner Co., Inc., Appellant. (And a Third-Party and Second Third-Party Action.)

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

November 16, 1993

As to those portions of appellant's motions seeking to compel blood and urine tests and the examination of plaintiff by an ophthalmologist, no showing was made that the condition for which such tests are sought is in issue (see, Koump v Smith, 25 N.Y.2d 287, 300), or that any further examinations are necessary (see, Korolyk v Blagman, 89 A.D.2d 578). This Court should not substitute...

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