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WILKES v. ARCHIBALD

255 A.D.2d 310 (1998)

679 N.Y.S.2d 408

Michael Wilkes, Respondent, v. Cherry Archibald et al., Appellants

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

November 2, 1998

Ordered that the order is affirmed, with costs.

The plaintiff, a pedestrian, allegedly was injured when struck by a vehicle operated by the defendant Donovan Archibald, and commenced the instant action to recover damages for his personal injuries. We agree with the Supreme Court that the defendants are not entitled to conduct a psychiatric examination of the plaintiff since the plaintiff has not made any claim based on...

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