Jackson v. Cocca

Full title: EDWARD J. JACKSON et al., Appellants, v. RICHARD COCCA, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 19, 1967

27 A.D.2d 700 (N.Y. App. Div. 1967)

Opinion

January 19, 1967

Appeal from the Monroe Special Term.

Present — Williams, P.J., Bastow, Goldman, Henry and Marsh, JJ.

Order unanimously reversed, with costs, and matter remitted to Special Term for further proceedings in accordance with Memorandum. Memorandum: In view of appellant's objection to the physical examination by the physician nominated by the respondent, it was an improvident exercise of discretion by the court to designate the respondent's nominee as the physician to conduct the examination.