FITZGERALD v. TAMOLA


199 A.D.2d 122 (1993)

605 N.Y.S.2d 67

Carolanne Fitzgerald, Appellant, v. John Tamola, Respondent

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

December 16, 1993


Respondent failed to appear for blood testing, ordered by the court, subsequently presenting a physician's letter that he was on antibiotics at the time of the scheduled test. The court then ordered him to appear for testing ten weeks later and to pay the laboratory fee therefor; but he refused to remain for the test, stating that he could not afford the fee. He rejected petitioner's offer to pay for his test.

Petitioner made a motion to dismiss respondent's answer...

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