Vece v. Kleinschmidt Magnesia Co.
233 A.D. 745
| N.Y. App. Div. | 1931

Order compelling infant plaintiffs to submit to a physical examination affirmed, with ten dollars costs and disbursements, examination to proceed on five days’ notice at the place and hour stated in the order. Under the circumstances presented by this record we are of opinion that the defendant is entitled to the examination demanded. Young, Kapper and Seudder, JJ., concur; Lazansky, P. J., and Davis, J., dissent and vote for reversal.