McGinty v. Roxbury Ski Center, Inc.

nt. In a negligence action by an infant to recover damages for personal injuries arising from her use of a ski slide, and by her father for loss of services, the plaintiffs appeal from an order of the Supreme Court, Richmond County, dated December 11, 1959, dismissing the complaint by reason of their failure to submit to an examination before trial unless they submit to such examination within 90 days after service upon their attorney of a copy of the said order. Order modified on the law and the facts, so as to provide that the motion is granted unless the plaintiffs submit to an examination…