Davis v. S. Klein on the Square, Inc.

James A. Roe, Jr., J.

On April 6,1962, the defendant served a notice for the physical examination of the plaintiff, Rose Davis, pursuant to paragraph 1 of article II of the Revised Calendar Rules of the Second Department (Special Rule for the Courts in All Counties Within the Second Judicial Department, Requiring Physical Examinations and Exchange of Medical Information), and for the exchange of medical information, pursuant to paragraph 2 of the said article. Thereafter, plaintiffs moved to vacate this notice so as to substitute an impartial medical specialist chosen by the court.

The order…