Caban v. Zielinski

Appellate Division of the Supreme Court of New York

Caban v. Zielinski

49 A.D.2d 762, 373 N.Y.S.2d 12, 1975 N.Y. App. Div. LEXIS 10749

Appellate Division of the Supreme Court of the State of New York·Decided September 29, 1975·Published

Opinion

In a proceeding inter alia to transfer and remove an action from the Civil Court of the City of New York to the Supreme Court, plaintiff appeals from an order of the Supreme Court, Kings County, entered October 21, 1974, which denied the application unless plaintiff submits to a medical examination by a court-appointed doctor and at plaintiff’s expense. Order affirmed, with $20 costs and disbursements. Special Term properly exercised its discretion in denying plaintiff’s motion on the aforestated condition. Rabin, Acting P. J., Latham, Cohalan, Margett and Christ, JJ., concur.

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In a proceeding inter alia to transfer and remove an action from the Civil Court of the City of New York to the Supreme Court, plaintiff appeals from an order of the Supreme Court, Kings County, entered October 21, 1974, which denied the application unless plaintiff submits to a medical examination by a court-appointed doctor and at plaintiff’s expense. Order affirmed, with $20 costs and disbursements. Special Term properly exercised its discretion in denying plaintiff’s motion on the aforestated condition. Rabin, Acting P. J., Latham, Cohalan, Margett and Christ, JJ., concur.

Caban v. Zielinski, 49 A.D.2d 762, 373 N.Y.S.2d 12, 1975 N.Y. App. Div. LEXIS 10749 (N.Y. Ct. App. 1975).

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49 A.D.2d 762 (Caban v. Zielinski) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.