Ayala v. Boss

OPINION OF THE COURT

Wallace R. Cotton, J.

A defendant in a personal injury action who is confronted with a court order directing an inquest against him to assess the plaintiff’s damages, may, upon timely application, conduct a physical examination of the plaintiff, demand medical authorizations and a bill of particulars limited to the issue of damages.

The defendant, duly served by the plaintiffs with a summons and complaint in the instant personal injury action, neglected to interpose a timely answer and, accordingly, the plaintiffs elected to hold him in default. The plaintiffs thereafter…