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D'ADAMO v. SAINT DOMINIC'S HOME

2011-00633.

87 A.D.3d 966 (2011)

929 N.Y.S.2d 301

2011 NY Slip Op 6469

JOAN D'ADAMO, as Guardian of STEVEN OSCAR HERRERA, Appellant, v. SAINT DOMINIC'S HOME, Respondent.

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

Decided September 13, 2011.

Ordered that the appeal from so much of the order as, in effect, denied that branch of the plaintiff's motion which was to vacate the defendant's notice of a physical examination pursuant to 22 NYCRR 202.17 is dismissed; and it is further,

Ordered that the order is reversed insofar as reviewed, on the facts and in the exercise of discretion, that branch of the plaintiff's motion which was for a protective order preventing the defendant's medical expert from performing...

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