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Gray v. Jaeger

December 11, 2008

MICHELE GRAY, PLAINTIFF-APPELLANT,
v.
LAWRENCE JAEGER, D.O., ET AL., DEFENDANTS-RESPONDENTS.



Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 28, 2008, which granted defendants' motion to compel a physical examination of plaintiff in connection with their appearance at inquest, unanimously reversed, on the law, without costs, and the motion denied.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., McGuire, Acosta, DeGrasse, Freedman, JJ.

No. 16328/03

On a prior appeal (17 AD3d 286), this Court struck defendants' answer. As a result, they are now foreclosed from pursuing discovery in preparation for the inquest (see Hall v Penas, 5 AD3d 549 [2004]), including a physical examination of plaintiff.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081211

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