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NOTEBOOM v. SHUGRUE
Appellate Division of the Supreme Court of New York, Second Department.
Jun 23, 2003
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DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff's motion pursuant to 22 NYCRR 202.17(a), to vacate the defendant's notice of independent medical examination of the plaintiff. Contrary to the plaintiff's contention, the record did not establish the designated physician's alleged bias against him or his counsel (but see Pettway v. Ogbonna, 261 A.D.2d 700).
RITTER, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.
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