Dingee v. Dominick

In a negligence action to recover damages for personal injuries, etc., defendants appeal from so much of an order of the Supreme Court, Dutchess County (Jiudice, J.), dated December 17,1980, as, upon reargument, adhered to the original determination denying their motion to compel the injured plaintiff to appear for a physical examination. Order affirmed insofar as appealed from, with $50 costs and disbursements. Having failed to properly respond to two notices of availability for physical examination, served by plaintiffs in January and July, 1979, pursuant to 22 NYCRR 672.1, or to request…