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GITTO v. SCAMONI

62 A.D.3d 1232 (2009)

FRANKLIN GITTO et al., Appellants, v. SALVATORE SCAMONI, Respondent.

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

Decided May 28, 2009.

Peters, J.P.

Plaintiff Franklin Gitto (hereinafter plaintiff) was allegedly injured in an automobile accident involving defendant. Defendant demanded that plaintiff appear for independent neurological and orthopedic examinations. Although plaintiff underwent a neurological evaluation, he did not appear for a separate orthopedic examination. Defendant moved to compel plaintiff to attend, Supreme Court granted the motion...

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