Harris v. Rubin

Plaintiff moves for an order directing the defendant to furnish him with a copy of the report of the physical examination of the plaintiff made by defendant’s physician. The defendant opposes this application on the ground that the examination was not pursuant to an order under section 324 of the Civil Practice Act but was voluntarily permitted by the plaintiff. This opposition has no merit and the relief requested by the plaintiff herein will be granted. (See Gooch v. Blanch, 14 Misc 2d 396 and cases therein cited.)

The defendant suggests however, that if the court require that the defendant…