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FLORES v. YELED V'YALDA EARLY CHILDHOOD CENTER, INC.

2012-01848.

102 A.D.3d 914 (2013)

958 N.Y.S.2d 609

2013 NY Slip Op 453

JUSTIN FLORES et al., Respondents, v. YELED V'YALDA EARLY CHILDHOOD CENTER, INC., Doing Business as SILVER LAKE HEAD START PROGRAM, Appellant, et al., Defendant.

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

Decided January 30, 2013.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Yeled V'Yalda Early Childhood Center, Inc., doing business as Silver Lake Head Start Program, to compel the plaintiff Justin Flores to submit to an X-ray examination of his left and right elbows in connection with a physical examination is granted.

Where, as here, a plaintiff has put his or her physical condition in issue and displays...

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