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ROSARIO v. BNS BUILDINGS, LLC

2009-03237.

67 A.D.3d 984 (2009)

888 N.Y.S.2d 754

2009 NY Slip Op 08801

LUZ ROSARIO, Respondent, v. BNS BUILDINGS, LLC, et al., Appellants.

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

Decided November 24, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances, where, inter alia, the plaintiff established that the proposed medical testing was potentially dangerous (cf. Lefkowitz v Nassau County Med. Ctr., 94 A.D.2d 18, 21 [1983]), the Supreme Court properly denied that branch of the defendants' motion which was to compel her to submit to the...

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