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ROSARIO v. BNS BUILDINGS
Appellate Division of the Supreme Court of New York, Second Department.
Nov 24, 2009
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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 AD2d 18, 21), the Supreme Court properly denied that branch of the defendants' motion which was to compel her to submit to the proposed testing ( see Santero v Kotwal, 4 AD3d 464, 465; Bobka v Mann, 308 AD2d 497, 498; Marino v Pena, 211 AD2d 668, 668-669).
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