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FIEBIGER v. JAY-K LUMBER, INC.

17 Misc.3d 589 (2007)

842 N.Y.S.2d 700

HENRY FIEBIGER, Plaintiff, v. JAY-K LUMBER, INC., Defendant.

Supreme Court, Oneida County.

August 23, 2007.

Attorney(s) appearing for the Case

Ralph W. Fusco for plaintiff.

Rossi & Murnane (Vincent J Rossi, Jr., of counsel), for defendant.

OPINION OF THE COURT

ROBERT F. JULIAN, J.

The plaintiff attended an independent medical examination (IME) at the behest of the defendant in Onondaga County, not Oneida County where the action is venued. Plaintiff's attorney attended the examination as is customary and appropriate. Plaintiff's counsel now seeks compensation for his time in attending an examination in a remote county.

As noted in Miller...

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