MARINO v. PENA


211 A.D.2d 668 (1995)

622 N.Y.S.2d 63

Laura Marino et al., Respondents, v. Jose Pena et al., Appellants

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

January 17, 1995


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contentions, we find that the Supreme Court did not improvidently exercise its discretion in denying the defendants' motion to compel the plaintiff to submit to an examination by urethral calibration. The plaintiff, Laura Marino, demonstrated that this procedure is potentially dangerous to her because there is a risk of infection and a risk of aggravating or increasing...

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