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BAIG v. CITY OF NEW YORK

282 A.D.2d 386 (2001)

723 N.Y.S.2d 645

AZAM BAIG et al., Respondents, v. CITY OF NEW YORK et al., Defendants. MONIAROS CONTRACTING CORP., Third-Party Plaintiff, v. HIRANI CONTRACTING CORP., Third-Party Defendant-Appellant.

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

Decided April 24, 2001.

At this very late stage in the litigation and under all the other relevant circumstances, the motion court properly exercised its discretion in declining to order the physical examination sought by third-party defendant (see, Hamlin v Mensch, 205 A.D.2d 452, 453). In view of the propriety of the court's determination with respect to ordering the sought physical examination, plaintiffs...

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