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ALVA v. HURLEY, FOX, SELIG

156 Misc.2d 550 (1993)

593 N.Y.S.2d 728

John Alva, Plaintiff, v. Hurley, Fox, Selig, Caprari & Kelleher et al., Defendants.

Supreme Court, Rockland County.

January 6, 1993

Attorney(s) appearing for the Case

Drake, Sommers, Loeb, Tarschis & Catania, P. C., Newburgh, for defendants. Dinkes & Morelli, New York City, for plaintiff.

JOAN B. LEFKOWITZ, J.

In this action for alleged legal malpractice defendants have moved for an order compelling the plaintiff to submit to a further medical examination and plaintiff cross-moves for an order precluding the physician from testifying at trial.

BACKGROUND

On August 25, 1982 plaintiff was a passenger in a van operated by coemployee William Brady and owned by his employer American...

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