Calderon v. City of New York

Full title: DINORAH CALDERON et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants

Court: Supreme Court, Special Term, New York County

Date published: Dec 16, 1958

15 Misc. 2d 346 (N.Y. Sup. Ct. 1958)

184 N.Y.S.2d 151

Opinion

December 16, 1958

Grey Murphy for plaintiffs.

Charles H. Tenney, Corporation Counsel, for City of New York, defendant.

Keegan Clarke for Consolidated Edison Company of New York, Inc., defendant.

IRVING H. SAYPOL, J.

Motion to examine the defendant, etc., before trial is granted on consent, to be conducted at Special Term of this court on December 22, 1958, at 11:00 A.M.

The second branch of the motion, opposed, directing delivery of the report of the defendant's physical examination of the plaintiff which was had on November 27, 1956, is denied. The asserted authority, subdivision 3 of section 50-h Gen. Mun. of the General Municipal Law was enacted April 7, 1958 and has neither applicable nor retroactive effect. This distinguishes this case from the general rule which may be applicable (cf. Totoritus v. Stefan, 6 A.D.2d 123, affg. 10 Misc.2d 881; Nadav v. Kozlowski, 15 Misc.2d 343).