Appellate Division of the Supreme Court of New York, 1962

Muscarella v. Yonkers

Muscarella v. Yonkers
Appellate Division of the Supreme Court of New York · Decided April 23, 1962
16 A.D.2d 688; 227 N.Y.S.2d 503; 1962 N.Y. App. Div. LEXIS 10187
Muscarella v. Yonkers

Opinion of the Court

In a negligence action to recover damages for personal injuries, the defendant *689appeals from an order of the Supreme Court, Westchester County, dated January 9, 1962, which denied its motion for an examination before trial of the plaintiff. Order affirmed, with $10 costs and disbursements. The motion was made about five years after the filing of a statement of readiness and after the case had appeared upon the Ready Day Calendar. Under the circumstances, there was no abuse of discretion in denying the motion. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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