Totoritus v. Stefan , 1958 N.Y. App. Div. LEXIS 4831 ( 1958 )

Motion for leave to reargue or for leave to appeal to the Court of Appeals denied, with $10 costs. (See Cohen and Karger, Powers of the New York Court of Appeals [rev. ed.], § 153.) The matter of the physician’s report was not overlooked but was not adverted to by the court in its Per Curiam opinion because of the pendency of the promulgation of the court rule governing physicians’ reports. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and McNally, JJ.