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ROSADO v. A & P FOOD STORE

13551/08

26 Misc.3d 935 (2009)

891 N.Y.S.2d 636

DONNA ROSADO, Plaintiff, v. A & P FOOD STORE et al., Defendants.

Supreme Court, Westchester County.

Decided December 14, 2009.

Attorney(s) appearing for the Case

Boeggeman, George & Corde, P.C., White Plains (Karen A. Jockimo and Richard G. Corde of counsel), for defendants.

Jay S. Hausman & Associates, P.C., Hartsdale (Elizabeth M. Pendzick of counsel), for plaintiff.

OPINION OF THE COURT

ALAN D. SCHEINKMAN, J.

Order to show cause by defendants for an order allowing defendants to designate a new physician to examine plaintiff based upon the recent unavailability of defendants' previous physician, who has moved out of state, and compelling plaintiff to appear for a further physical examination by defendants' designated physician at least 60 days prior to trial; and cross motion by plaintiff pursuant to CPLR 2221 for leave...

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