Yandoli v. Patrina

Appellate Division of the Supreme Court of New York

Yandoli v. Patrina

8 A.D.2d 748, 188 N.Y.S.2d 258, 1959 N.Y. App. Div. LEXIS 8473

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

DecidedMay 25, 1959

StatusPublished

This text of 8 A.D.2d 748 (Yandoli v. Patrina) 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

Yandoli v. Patrina, 8 A.D.2d 748, 188 N.Y.S.2d 258, 1959 N.Y. App. Div. LEXIS 8473 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action by an infant to recover damages for personal injuries and by his mother for medical expenses and loss of services, the appeal is from an order directing the infant appellant to submit to a physical examination (Civ. Prae. Act, § 306). Order reversed, without costs, and motion denied. In order to have justified the granting of the motion it should have satisfactorily appeared that respondent was ignorant of the nature and extent of the injuries complained of. There is no such showing on the part of respondent. To the contrary, an examination has been had at respondent’s instance, and he does not claim that that examination has not fully apprised him of the nature of the claimed injuries. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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In an action by an infant to recover damages for personal injuries and by his mother for medical expenses and loss of services, the appeal is from an order directing the infant appellant to submit to a physical examination (Civ. Prae. Act, § 306). Order reversed, without costs, and motion denied. In order to have justified the granting of the motion it should have satisfactorily appeared that respondent was ignorant of the nature and extent of the injuries complained of. There is no such showing on the part of respondent. To the contrary, an examination has been had at respondent’s instance, and he does not claim that that examination has not fully apprised him of the nature of the claimed injuries. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

8 A.D.2d 748, 188 N.Y.S.2d 258, 1959 N.Y. App. Div. LEXIS 8473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yandoli-v-patrina-nyappdiv-1959.