Legal Opinion

Alva v. Hurley, Fox, Selig, Caprari & Kelleher

New York Supreme Court

Decided January 6, 1993PublishedCited by 3 opinions

1Opinion of the Court

*551OPINION OF THE COURT

Joan B. Lefkowitz, J.

In this action for alleged legal malpractice defendants have moved for an order compelling the plaintiff to submit to a further medical examination and plaintiff cross-moves for an order precluding the physician from testifying at trial.

BACKGROUND

On August 25, 1982 plaintiff was a passenger in a van operated by coemployee William Brady and owned by his employer American Gas and Heat Company. The van was proceeding on Route 9W near the intersection of Old Route 304 in the Village of Haverstraw when it was involved in a head-on collision with a motor…

2Cases cited22 opinions

  1. Campagnola v. MulhollandNew York Court of Appeals · 1990
  2. NA KERSON CO., INC. v. ShayneNew York Court of Appeals · 1978
  3. Mendoza v. SchlossmanAppellate Division of the Supreme Court of the State of New York · 1982
  4. Vooth v. . McEachenNew York Court of Appeals · 1905
  5. Milbank v. . JonesNew York Court of Appeals · 1894

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3Cited by3 opinions

  1. Loretta Klump v. J. David Duffus, Jr., Law Offices of Dixon, Duffus & Doub, a Partnership, and Accident and Injury Referral ServiceCourt of Appeals for the Seventh Circuit · 1996
  2. McKenna v. Forsyth & ForsythAppellate Division of the Supreme Court of the State of New York · 2001
  3. Silvestrone v. EdellDistrict Court of Appeal of Florida · 1997

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