Bowen v. Fiore

In this negligence action to recover damages for personal injuries, loss of services and medical expenses, plaintiffs appeal from so much of an order the Supreme Court, Kings County, dated May 23, 1973, as, in denying defendants’ motion to strike plaintiffs’ statement of readiness “and/or” to dismiss the complaint, did so on condition that plaintiff Mary Bowen submit to a physical examination. Order reversed insofar as appealed from, with $20 costs and disbursements, .and motion denied unconditionally. Plaintiffs served a notice of availability for physical examination upon’ defendants,…