From Casetext: Smarter Legal Research

Zottola v. John S. Burke High School

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 854 (N.Y. App. Div. 1985)

Opinion

February 19, 1985

Appeal from the Supreme Court, Orange County (Gurahian, J.).


Order affirmed, without costs or disbursements. The examination of the infant plaintiff shall proceed at a time and place to be fixed in a written notice of not less than 30 days to be given by defendants, or at such other time and place as the parties may agree.

In the peculiar circumstances of this case (liquidation of defendants' insurance carrier coupled with a substitution of counsel and lack of authorization to proceed), it was not an abuse of discretion for Special Term to have allowed the tardy physical examination ( see, 22 NYCRR 103.4, 675.7; Cohen v Finkelstein, 66 A.D.2d 831; De Feyo v Town of Eastchester, 65 A.D.2d 616; Bowen v Fiore, 42 A.D.2d 960). Titone, J.P., Thompson, O'Connor and Eiber, JJ., concur.


Summaries of

Zottola v. John S. Burke High School

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 854 (N.Y. App. Div. 1985)
Case details for

Zottola v. John S. Burke High School

Case Details

Full title:DENISE M. ZOTTOLA, an Infant, by Her Parent and Natural Guardian, FRANK P…

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

Date published: Feb 19, 1985

Citations

108 A.D.2d 854 (N.Y. App. Div. 1985)