Torres v. Boyle

Appellate Division of the Supreme Court of New York

Torres v. Boyle

32 A.D.2d 931, 303 N.Y.S.2d 344, 1969 N.Y. App. Div. LEXIS 3486

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

DecidedJuly 2, 1969

StatusPublished

This text of 32 A.D.2d 931 (Torres v. Boyle) 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

Torres v. Boyle, 32 A.D.2d 931, 303 N.Y.S.2d 344, 1969 N.Y. App. Div. LEXIS 3486 (N.Y. Ct. App. 1969).

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Opinion

In an action to recover damages for personal injuries, medical expenses, etc., the appeal is from an order of the Supreme •Court, Nassau County, entered April 29, 1969, which granted plaintiffs’ motion to amend their bill of particulars. Order modified, on the law and the facts, ■by adding thereto a provision that plaintiffs’ motion is granted on condition that the infant plaintiff submit to a further physical examination and an oral pretrial examination. As so modified, order affirmed, without costs. The examinations shall proceed at such times and places as shall be fixed in written notices of not less than 10 days, to be given by defendant. In our opinion, Special Term’s refusal to condition the granting of plaintiffs’ motion upon the infant’s submission to the examinations herein provided for was an improvident exercise of discretion. Christ, Acting P. J., Rabin, Benjamin, Munder and Kleinfeld, JJ., concur.

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In an action to recover damages for personal injuries, medical expenses, etc., the appeal is from an order of the Supreme •Court, Nassau County, entered April 29, 1969, which granted plaintiffs’ motion to amend their bill of particulars. Order modified, on the law and the facts, ■by adding thereto a provision that plaintiffs’ motion is granted on condition that the infant plaintiff submit to a further physical examination and an oral pretrial examination. As so modified, order affirmed, without costs. The examinations shall proceed at such times and places as shall be fixed in written notices of not less than 10 days, to be given by defendant. In our opinion, Special Term’s refusal to condition the granting of plaintiffs’ motion upon the infant’s submission to the examinations herein provided for was an improvident exercise of discretion. Christ, Acting P. J., Rabin, Benjamin, Munder and Kleinfeld, JJ., concur.

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Bluebook (online)

32 A.D.2d 931, 303 N.Y.S.2d 344, 1969 N.Y. App. Div. LEXIS 3486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-boyle-nyappdiv-1969.