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Wolanin v. Halliman

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 967 (N.Y. App. Div. 1988)

Opinion

December 23, 1988

Appeal from the Supreme Court, Erie County, Wolfgang, J.

Present — Callahan, J.P., Boomer, Green, Pine and Davis, JJ.


Order insofar as appealed from unanimously reversed on the law with costs and motion denied, in accordance with the following memorandum: It was an improvident exercise of discretion for Special Term to grant defendants additional discovery and a physical examination of plaintiff (see, Siragusa v Teal's Express, 96 A.D.2d 749). By demanding that plaintiff file a note of issue pursuant to CPLR 3216, defendants waived their right to have plaintiff examined and to obtain additional discovery (see, Gray v Crouse-Irving Mem. Hosp., 107 A.D.2d 1038).


Summaries of

Wolanin v. Halliman

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 967 (N.Y. App. Div. 1988)
Case details for

Wolanin v. Halliman

Case Details

Full title:STEVEN WOLANIN, Appellant, v. PATRICK HALLIMAN, JR., et al., Respondents

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

Date published: Dec 23, 1988

Citations

145 A.D.2d 967 (N.Y. App. Div. 1988)

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