237 A.D.2d 102 654 N.Y.S.2d 369

Miguel Gomez, Jr., et al., Appellants, v 1515 Selwyn Associates, Respondent.

[654 NYS2d 369]

Order, Supreme Court, Bronx County (Anne Tar gum, J.), entered on or about December 12, 1995, which denied plaintiffs’ motion to preclude the testimony of defendant’s examining physician at trial, unanimously affirmed, without costs.

The motion was properly denied on the ground that the absence of plaintiffs’ attorney from the physical examination of the infant plaintiff was not caused by any effort by defendant or its physician to exclude her but by the attorney’s failure to advise the physician that she was going to be present. We perceive no prejudice to the infant plaintiff’s interests attributable to such absence. Concur—Murphy, P. J., Rosenberger, Rubin and Mazzarelli, JJ.

Gomez v. 1515 Selwyn Associates
237 A.D.2d 102 654 N.Y.S.2d 369

Case Details

Name
Gomez v. 1515 Selwyn Associates
Decision Date
Mar 4, 1997
Citations

237 A.D.2d 102

654 N.Y.S.2d 369

Jurisdiction
New York

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