MAIMONE v. VIRGA


250 A.D.2d 651 (1998)

674 N.Y.S.2d 372

John Maimone, Respondent, v. Charles Virga et al., Appellants, et al., Defendants. (And Other Titles.)

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

May 11, 1998


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the physical examination of the plaintiff shall continue at such time and place as shall be fixed in a written notice of not less than 10 days to be given by the appellants, or at such other time and place as the parties may agree.

The plaintiff commenced the instant action against multiple defendants, including the appellants, to recover damages for...

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