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KERR v. DUNHAM

201 A.D.2d 936 (1994)

610 N.Y.S.2d 905

David A. Kerr et al., Appellants, v. Jo Ann Dunham, Respondent

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

February 4, 1994

Order unanimously reversed on the law with costs, motion denied and cross motion granted.

Memorandum:

Defendant failed to demonstrate special, unusual and extraordinary circumstances sufficient to authorize Supreme Court to permit defendant to conduct a physical examination of the injured plaintiff David A. Kerr more than five months after filing of the note of issue and statement of readiness (see, Laudico v Sears, Roebuck & Co.,

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