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BAILEY v. BUSH

279 A.D. 833 (1952)

Clive W. Bailey, Respondent, v. Thomas Bush et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 16, 1952.

Defendants had previously examined plaintiff as to all relevant facts and material circumstances surrounding the accident, but upon advice of counsel, plaintiff refused to answer questions concerning his injuries on the ground such inquiry was beyond the scope of the notice of examination. Defendants have had a bill of particulars. They have had a physical examination by a doctor. While the right to an examination before trial is...

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