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CHAVOUSTIE v. NEW YORK HOSP.-CORNELL MED. CTR.

253 A.D.2d 702 (1998)

677 N.Y.S.2d 572

Blanche Chavoustie, Appellant, v. New York Hospital-Cornell Medical Center et al., Respondents

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

September 24, 1998

Defendants are entitled to a psychiatric examination of plaintiff (CPLR 3121). Plaintiff, who is in therapy, failed to make a prima facie showing that such an examination poses a serious threat to her health (compare, Lefkowitz v Nassau County Med. Ctr., 94 A.D.2d 18), or that she lacks the mental capacity to submit (compare, Flaherty v Olins Leasing, 91 A.D.2d 970), and her...

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