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JAMES CONFORTI, by His Guardian ad Litem, PATRICK CONFORTI, Appellant, et al., Plaintiff, v. CENTRAL SCHOOL DISTRICT No. 3 OF TOWNS OF LLOYD, MARLBORO, NEW PALTZ AND ESOPUS et al., Defendants, and DIAMOND D. BUS LINES, INC., et al., Respondents.

Appellants urge that defendants-respondents failed to present satisfactory evidence to justify a second physical examination under section 306 of the Civil Practice Act. The infant plaintiff had voluntarily submitted to one examination. We think the moving papers set forth sufficient reasons for a second examination, and moreover the statute expresses no limitation on the number of examinations permitted. The right to permit a second examination has been recognized ( Orlando v. Syracuse R.T. Ry. Co., 109 App. Div. 356; Leas v. New York Albany Lighterage Co., 119 Misc. 323). Order unanimously affirmed, without costs.

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CONFORTI v. CENT. SCH. DIST. NO. 3 OF TOWNS
(Dec 16, 1954)