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McDOWELL v. EAGLE TRANS. CORP.

303 A.D.2d 655 (2003)

758 N.Y.S.2d 79

JOHN McDOWELL et al., Respondents, v. EAGLE TRANS. CORP. et al., Appellants.

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

Decided March 24, 2003.

Ordered that the judgment is reversed, on the law, as a matter of discretion, and a new trial is ordered, with costs to abide the event, to be held after (1) a further physical examination of the plaintiff John McDowell, unless waived by the defendants, and (2) an examination by an expert in vocational rehabilitation of the plaintiff John McDowell, unless waived by the defendants; and it is further,

Ordered that within 20 days after service upon them of a

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