BARNETT v. IVES


265 A.D.2d 865 (1999)

696 N.Y.S.2d 321

GARY H. BARNETT et al., Respondents-Appellants, v. EDITH D. IVES et al., as Fiduciaries of the Estate of JOHN T. DIX, Deceased, Appellants-Respondents.

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

Decided October 1, 1999.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: On July 11, 1993, Gary H. Barnett (plaintiff) sustained injuries in a motor vehicle accident involving a car driven by defendants' decedent. Plaintiff's no-fault carrier requested that plaintiff submit to an independent medical examination and, based upon the conclusion of the examining physician that plaintiff was no longer suffering from an injury that...

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