Van Orden v. Madow

207 A.D. 827 | N.Y. App. Div. | 1923

Order reversed upon the law, with ten dollars costs and disbursements, and motion to vacate order granted, with ten dollars costs, upon the ground that the direction that plaintiff submit to an X-ray photograph is not authorized by Civil Practice Act, section 306. Kelly, P. J., Rich and Manning, JJ., concur; Kelby and Young, JJ., dissent, being of opinion that the X-ray photograph is authorized as an incident of the physical examination.