STRAUSS v. NEW YORK ETHICAL CULTURE SOC'Y


210 A.D.2d 134 (1994)

620 N.Y.S.2d 51

Bethany Strauss et al., Respondents, v. New York Ethical Culture Society, Appellant

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

December 15, 1994


The IAS Court did not abuse its discretion in refusing to direct plaintiff to submit to a second physical examination by a doctor of defendant's choosing, this time an orthopedist. That defendant, a year after its physical examination of plaintiff by a plastic surgeon, became dissatisfied with its doctor's ability to report on the full range of injuries alleged by plaintiff does not warrant such relief, where no new or additional injuries are claimed (DiMare v Mace Assocs...

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