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MOONEY v. OSOWIECKY

215 A.D.2d 839 (1995)

626 N.Y.S.2d 317

Kimberly M. Mooney et al., Appellants, v. Dana J. Osowiecky et al., Respondents

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

May 4, 1995

Mercure, J.

Because we agree with the position of the First Department, as initially enunciated in D'Amico v Manufacturers Hanover Trust Co. (182 A.D.2d 462), that courts have no statutory authority to compel the examination of an adverse party by a nonphysician vocational rehabilitation specialist (see, Savarese v Yonkers Motors Corp., 205 A.D.2d 463; Peterson...

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