Opinion
March 15, 1971
In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County, dated December 22, 1970, which denied his motion to examine before trial, in a certain hospital in New Jersey, two physicians who treated him, namely, Dr. Seymour G. Kaufman and Dr. Alvin D. Dubin. Order reversed, with $10 costs and disbursements to appellant against respondent Ed Wellestat, Inc., and motion granted, on condition that plaintiff pay said respondent $100 for expenses in connection with the examinations. The examinations shall be completed in one day, on a day and hour for commencement to be agreed upon by counsel for the respective parties. In the event counsel cannot agree as to the day and hour, either side may move for resettlement of the order to be made hereon so as to fix the same. In our opinion, denial of the motion was an improvident exercise of discretion. Munder, Acting P.J., Shapiro, Gulotta, Christ and Benjamin, JJ., concur.