176 Misc. 292 | N.Y. Sup. Ct. | 1941
The plaintiff does not object to the physical examination, but contends that it should be directed only on condition that he be furnished a copy of the physician’s report. This is the sole question before the court.
An examination of the reported decisions indicates that there is a conflict in authority. The First and Fourth Departments have taken the view that the plaintiff is not entitled to a copy of the examining physician’s report. The Second Department has held to the contrary. It does not appear that the Appellate Division of the Third Department has had occasion to pass upon the question.
As a matter of fact there is no statutory requirement that the physician make any report whatsoever. (Lyon v. Manhattan R.
The defendant’s motion will be granted, without costs, and an order may be submitted directing the plaintiff to submit to a physical examination by Dr. Charles L. Pope without any requirement that his findings or report be furnished to the plaintiff or his attorney.