Ludden v. Erie Lackawanna Railway Co.

Order, insofar as appealed from unanimously reversed, without costs, and motion denied, without prejudice to a renewal thereof on proper papers. Memorandum: Plaintiff seeks an examination before trial of certain physicians as agents of defendant under CPLR 3101 (subd. [a], par. [1]). His affidavit alleges simply that he was directed by defendant to consult these physicians, who are “ company surgeons ” as indicated on a list furnished by defendant and attached to the affidavit, and that all expenses for treatment were paid by defendant. While we agree with the court below that the opposing…