Appellate Division of the Supreme Court of New York, 2012

Gabriel v. Johnston's L.P. Gas Service, Inc.

Gabriel v. Johnston's L.P. Gas Service, Inc.
Appellate Division of the Supreme Court of New York · Decided September 28, 2012
98 A.D.3d 1326; 951 N.Y.S.2d 432
Gabriel v. Johnston's L.P. Gas Service, Inc.

Opinion of the Court

— Motion for reargument granted to the extent that the parties shall file and serve briefs regarding whether Supreme Court’s order entered August 5, 2011, was properly made insofar as it ordered that plaintiffs must return to the United States for independent medical examinations, if requested by defendants 60 days prior to trial, and whether this Court’s opinion and order entered June 15, 2012, properly determined that plaintiffs abandoned that issue. Motion and cross motion for leave to appeal to the Court of Appeals denied. Fresent — Smith, J.E, Fahey, Feradotto and Lindley, JJ.

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