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Russo v. De Paul

29 A.D.2d 887 Court N.Y. App. Div. Decision date 1968-03-18 English

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p. 887
Maxwell Russo, an Infant, by His Father and Natural Guardian, Matthew M. Russo, et al., Respondents, v. Society of St. Vincent De Paul, Appellant.

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.