Donovan v. Albano Trucking Corp.

Plaintiff moves for an order directing defendant to furnish him with a copy of the report of a physical examination conducted by defendants’ physician. Defendants do not oppose the motion, consenting thereto upon the argument, but cross-move for an order directing plaintiff to furnish to said defendants, “ a copy of the report of the examinations of the plaintiff which the plaintiff will use upon the trial of his action.”

The question is one which has caused a great deal of controversy over many years. At one time, there was disagreement between the First and Second Departments as to the right…