Jacobs v. Peress

Order, entered on October 29, 1964, granting a physical examination of the female plaintiff, unanimously reversed on the law and the facts, with $30 costs and disbursements to appellants, and the motion denied. The examination was not sought until 14 months after plaintiffs had served and filed a statement of readiness and on the eve of the case being added to the Ready Day Calendar. Although Special Term specifically found that the belated application was contrary to the rules of the court governing procedures with respect to a statement of readiness, and also found that no unusual and…