DANIELS, ERICA v. RUMSEY, FRANCES A.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered July 9, 2012. The order, inter alia, granted plaintiff leave to reargue the motion of defendants and, upon reargument, adhered to that part of a prior decision denying the motion of defendant Frances A. Rumsey insofar as it sought to compel a physical examination of plaintiff by an orthopedic specialist.
It is hereby ordered that the order insofar as appealed from is unanimously reversed in the exercise of discretion without costs and the motion of defendant Frances A. Rumsey is granted in accordance with…
2Cases cited15 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
- Brady v. Ottaway Newspapers, Inc.New York Court of Appeals · 1984
- Phoenix Mutual Life Insurance v. ConwayNew York Court of Appeals · 1962
- Young v. KalowAppellate Division of the Supreme Court of the State of New York · 1995
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