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SCHAGER v. DURLAND

286 A.D.2d 725 (2001)

730 N.Y.S.2d 455

ANNE L. SCHAGER et al., Respondents, v. DANFORTH DURLAND et al., Defendants, and RICHARD MARCUS et al., Appellants.

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

Decided September 17, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is granted.

The injured plaintiff placed his physical and mental condition in controversy. The Supreme Court therefore erred in denying the appellants' motion (see, Prink v Rockefeller Ctr., 48 N.Y.2d 309

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