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Moskowitz v. Seaman

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1960
10 A.D.2d 635 (N.Y. App. Div. 1960)

Opinion

February 8, 1960


In an action to recover damages for personal injuries, the appeal is from an order denying appellant's motion for pretrial discovery of the report of his physical examination by respondents' physician. In opposition, respondents stated that appellant had filed a statement of readiness prior to making the motion and that appellant refused to furnish them with copies of his physicians' reports and to permit an X-ray specialist of respondents' choosing to view the X rays taken by one of appellant's physicians. The Special Term denied the motion on the ground that prior to the making thereof appellant had filed a statement of readiness. Order reversed, with $10 costs and disbursements, and motion granted, on condition that appellant permit a specialist of respondents' choosing to view the X rays taken by one of appellant's physicians. The filing of a statement of readiness does not bar appellant's right to a copy of the report of respondents' examining physician ( Berken v. Levitt, 8 A.D.2d 938), nor may his right thereto be conditioned upon his furnishing respondents with copies of the reports of the physical examinations by his own physicians ( Baum v. Nussenbaum, 7 A.D.2d 991). However, the X rays, being presumably admissible in evidence, are subject to discovery and inspection. (See Yudenfreund v. Mortimer, 9 A.D.2d 935.) Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.


Summaries of

Moskowitz v. Seaman

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1960
10 A.D.2d 635 (N.Y. App. Div. 1960)
Case details for

Moskowitz v. Seaman

Case Details

Full title:GEORGE MOSKOWITZ, Appellant, v. OSCAR SEAMAN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 8, 1960

Citations

10 A.D.2d 635 (N.Y. App. Div. 1960)

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The defendant makes a cross motion for a discovery and inspection of medical reports made by the physician…

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The cross motion is therefore denied. ( Moskowitz v. Seaman, 10 A.D.2d 635; O'Keefe v. Mow, 19 Misc.2d 378.)…