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DAVID v. GUARDIAN LIFE INS. CO.

9 Misc.3d 70 (2005)

803 N.Y.S.2d 336

NEVILLE DAVID, Respondent, v. GUARDIAN LIFE INSURANCE CO. OF AMERICA et al., Defendants. GUARDIAN LIFE INSURANCE CO. OF AMERICA, Third-Party Plaintiff, v. HELLMAN CONSTRUCTION CO., INC., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, Second Department.

July 28, 2005.

Attorney(s) appearing for the Case

Christopher P. DiGiulio, New York City (William Thymius of counsel), for third-party defendant-appellant.

PESCE, P.J., PATTERSON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order entered September 16, 2004, insofar as appealed from, unanimously reversed without costs and third-party defendant's cross motion to compel plaintiff to submit to an additional deposition and physical examination granted to the extent of directing plaintiff to submit to an additional deposition limited to the circumstances surrounding his back surgery within 45 days of...

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