Russo v. De Paul

Appellate Division of the Supreme Court of New York

Russo v. De Paul

29 A.D.2d 887, 289 N.Y.S.2d 934, 1968 N.Y. App. Div. LEXIS 4419

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 1968

StatusPublished

This text of 29 A.D.2d 887 (Russo v. De Paul) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Russo v. De Paul, 29 A.D.2d 887, 289 N.Y.S.2d 934, 1968 N.Y. App. Div. LEXIS 4419 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order of the Supreme Court, Nassau County, dated June 22, 1967, which denied defendant’s motion for a physical examination of the infant plaintiff, reversed, with $10 costs and disbursements, and motion granted. The examination shall be held at a time and place agreeable to the parties or, if they cannot agree, at a time and place to be set by Special Term. In our opinion, unusual and unanticipated conditions have developed since the action was placed on the calendar. Accordingly, appellant’s motion for a physical examination of the infant plaintiff should have been granted (cf. Appellate Division Rules, Second Dept, part 7, rule VII; Morrison v. Sam Snead Schools of Golf of N. Y., 13 A D 2d 986). Christ, Acting P. J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of the Supreme Court, Nassau County, dated June 22, 1967, which denied defendant’s motion for a physical examination of the infant plaintiff, reversed, with $10 costs and disbursements, and motion granted. The examination shall be held at a time and place agreeable to the parties or, if they cannot agree, at a time and place to be set by Special Term. In our opinion, unusual and unanticipated conditions have developed since the action was placed on the calendar. Accordingly, appellant’s motion for a physical examination of the infant plaintiff should have been granted (cf. Appellate Division Rules, Second Dept, part 7, rule VII; Morrison v. Sam Snead Schools of Golf of N. Y., 13 A D 2d 986). Christ, Acting P. J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

29 A.D.2d 887, 289 N.Y.S.2d 934, 1968 N.Y. App. Div. LEXIS 4419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russo-v-de-paul-nyappdiv-1968.