CARMODY v. KUEHNER


204 A.D.2d 378 (1994)

612 N.Y.S.2d 53

Michael Carmody et al., Respondents, v. Soahn Kuehner et al., Defendants, and J.M. of Suffolk, Inc., Appellant

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

May 9, 1994


Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, by (1) deleting the provision thereof which conditionally granted the appellant's motion, (2) substituting therefor a provision granting the appellant's motion without condition, (3) adding thereto a provision vacating the notice of availability for physical examination served by the plaintiffs, and (4) adding thereto a provision directing each of the two plaintiffs to submit...

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