FRANGELLA v. SUSSMAN


254 A.D.2d 391 (1998)

679 N.Y.S.2d 87

Eugene Frangella et al., Appellants, v. David Sussman, Respondent

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

October 19, 1998


Ordered that the order dated September 11, 1997, is reversed, on the law, with costs, the plaintiffs' motion is granted, and the order dated April 11, 1997, is vacated.

We agree with the plaintiffs that the Supreme Court improvidently exercised its discretion in granting the defendant's application to compel the plaintiff Eugene Frangella to undergo a second psychiatric examination by a newly-designated defense expert. The plaintiff was previously examined by a defense...

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