Opinion
January 22, 1962
In a negligence action to recover damages for personal injury, medical expenses and loss of services, the defendants appeal: (1) from an order of the Supreme Court, Kings County, entered June 21, 1961, which denied their motion to strike the action from the Trial Calendar on the condition that, within 10 days after service of a copy of the order upon plaintiffs, the plaintiffs shall furnish defendants with a hospital-record authorization; and (2) from an order of said court, entered July 27, 1961 which denied defendants' motion for reargument. Order entered July 27, 1961 affirmed, with $10 costs and disbursements, and without prejudice to defendants' subsequent application at Special Term, if defendants be so advised, for a physical examination of the infant plaintiff by a doctor specializing in ear diseases. While the order of July 27, 1961, denied a motion which was nominally characterized by defendants as one for reargument, actually such motion was a new motion, since it was based on additional facts which were set forth in additional affidavits. Hence, said order is reviewable by appeal therefrom, and said order supersedes the original order. Accordingly, the appeal from the original order, entered June 21, 1961, is dismissed, without costs. Beldock, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.