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ANNE L. SCHAGER, ETC., ET AL., RESPONDENTS, v. DANFORTH DURLAND, ET AL., DEFENDANTS, RICHARD MARCUS, ET AL., APPELLANTS.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the motion is granted.

The injured plaintiff placed his physical and mental condition in controversy. The Supreme Court therefore erred in denying the appellants' motion (see, Prink v. Rockefeller Center, 48 N.Y.2d 309).

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SCHAGER v. DURLAND
(Sep 17, 2001)