TIDWELL v. VILLAMAN

2012-01974.

100 A.D.3d 865 (2012)

954 N.Y.S.2d 579

2012 NY Slip Op 7984

ERIC TIDWELL, Respondent, v. JONATHAN VILLAMAN et al., Defendants, and SERGE A. ZAYTOUNALIAN et al., Appellants.

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

November 21, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Serge A. Zaytounalian, G.E. Auto Repair Enterprises, Inc., and L&B Auto Repair II Corp., which was to compel the plaintiff to submit to X-ray testing of his right femur in connection with a physical examination is granted.

Where, as here, a plaintiff has put his or her physical condition in issue and displays symptoms that simultaneously...

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