Commissioners of State Insurance Fund v. Shirley Herman Co.

This is a motion pursuant to rule 121-a of the Rules of Civil Practice for an order for a physical examination of certain named individuals, whose claims for damages for personal injuries, medical and hospital expenses and loss of wages against the defendants herein have become subrogated by reason of the operation of the Workmen’s Compensation Law of the State of New York, and specifically, section 29 thereof.

The plaintiffs oppose the motion on the grounds that the persons whom defendants seek to examine are not parties to this action and therefore the defendants are not entitled to same.…