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Baum v. Nussenbaum

Supreme Court, Special Term, Queens County
Nov 7, 1958
19 Misc. 2d 474 (N.Y. Sup. Ct. 1958)

Opinion

November 7, 1958

Ludwig Schiffer for plaintiff.

Russell B. Greaves ( O'Hagan, Reilly Beasley of counsel), for defendant.


Motion by plaintiff for a discovery and inspection of the records and report of a physical examination made of the plaintiff by the defendant's doctor. The physical examination was had on plaintiff's consent and without the necessity for a court order.

In this Department, it has long been the custom to require a copy of the doctor's report to be furnished to the party examined where the examination was made pursuant to a court order ( Di Salvo v. Di Giacomo, 2 Misc.2d 1068), but not when the examination was granted voluntarily ( Andrews v. Ghikas, 278 App. Div. 658). More recently, however, there has been a trend toward full disclosure of each side's case with a view to preventing surprise and expediting the trial. ( Del Ra v. Vaughan, 2 A.D.2d 156; Wilhelm v. Abel, 1 A.D.2d 55.) In line with this change of policy, there appears to be no reason for penalizing a plaintiff who consents to an examination without putting his adversary to the trouble of making a motion therefor ( Martin v. La Fonte, 53 N.Y.S.2d 415), and this policy has recently been adopted even in the First Department which formerly did not require service of a copy of the report on the party examined ( Totoritus v. Stefan, 10 Misc.2d 881, affd. 6 A.D.2d 123).

The motion is accordingly granted.

Submit order.


Summaries of

Baum v. Nussenbaum

Supreme Court, Special Term, Queens County
Nov 7, 1958
19 Misc. 2d 474 (N.Y. Sup. Ct. 1958)
Case details for

Baum v. Nussenbaum

Case Details

Full title:LAURA BAUM, Plaintiff, v. SIDNEY NUSSENBAUM, Defendant

Court:Supreme Court, Special Term, Queens County

Date published: Nov 7, 1958

Citations

19 Misc. 2d 474 (N.Y. Sup. Ct. 1958)
191 N.Y.S.2d 227

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