Ferrari v. Langer

In a medical malpractice action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Suffolk County, dated March 14, 1973, which (1) denied his motion to vacate plaintiffs’ notice to discover a medical report by a physician who, on behalf of defendant, had conducted a physical examination of plaintiff Josephine Ferrari and (2) directed defendant to comply with the notice. Order modified by adding thereto a provision that the direction therein that the defendant comply with plaintiffs’ notice is conditioned upon plaintiffs’ furnishing defendant with a…