Delfyette v. Fisher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a malpractice action against lawyers, defendants appeal from an interlocutory judgment of the Supreme Court, Queens 'County, dated February 16, 1972, entered upon a jury verdict in favor of plaintiff, after a trial of the issue of flexibility. Interlocutory judgment reversed, on the law and the facts, with costs and complaint dismissed. Plaintiff persistently refused to submit to a physical examination despite a court order compelling her to do so in connection with her action against one Douth to recover damages for personal injuries. Because of such default her complaint was dismissed…
2Cases cited2 opinions
- Wurster v. . ArmfieldNew York Court of Appeals · 1903
- Delfyette v. DouthAppellate Division of the Supreme Court of the State of New York · 1967
3Cited by1 opinion
- Minkow v. SandersAppellate Division of the Supreme Court of the State of New York · 2011