Ponzi v. City of New York

269 A.D. 949 Court N.Y. App. Div. Decision date 1945-10-15 English

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p. 949

Louis Ponzi, Appellant, v. City of New York, Respondent, et al., Defendants.

Order directing the examination of plaintiff by a neurologist reversed on the law and the facts, without costs, and the matter remitted to Special Term. Section 306 of the Civil Practice Act does not contemplate the adoption by the court of the nominee of any party. Close, P. J., Carswell, Adel, Lewis and Aldrich, JJ., concur.