Baum v. Nussenbaum

Motion by plaintiff for a discovery and inspection of the records and report of a physical examination made of the plaintiff by the defendant’s doctor. The physical examination was had on plaintiff’s consent and without the necessity for a court order.

*475In this Department, it has long been the custom to require a copy of the doctor’s report to be furnished to the party examined where the examination was made pursuant to a court order (Di Salvo v. Di Giacomo, 2 Misc 2d 1068), but not when the examination was granted voluntarily (Andrews v. Ghikas, 278 App. Div. 658). More recently, however,…