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Gomez v. 1515 Selwyn Associates

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1997
237 A.D.2d 102 (N.Y. App. Div. 1997)

Opinion

March 4, 1997.

Order, Supreme Court, Bronx County (Anne Targum, J.), entered on or about December 12, 1995, which denied Plaintiff's motion to preclude the testimony of defendant's examining physician at trial, unanimously affirmed, without costs.

Before: Murphy, P.J., Rosenberger, Rubin and Mazzarelli, JJ.


The motion was properly denied on the ground that the absence of Plaintiff's attorney from the physical examination of the infant plaintiff was not caused by any effort by defendant or its physician to exclude her but by the attorney's failure to advise the physician that she was going to be present. We perceive no prejudice to the infant Plaintiff's interests attributable to such absence.


Summaries of

Gomez v. 1515 Selwyn Associates

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1997
237 A.D.2d 102 (N.Y. App. Div. 1997)
Case details for

Gomez v. 1515 Selwyn Associates

Case Details

Full title:MIGUEL GOMEZ, JR., et al., Appellants, v. 1515 SELWYN ASSOCIATES…

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

Date published: Mar 4, 1997

Citations

237 A.D.2d 102 (N.Y. App. Div. 1997)
654 N.Y.S.2d 369