Goodman v. Stein

Although the rule is established in this department that an examination before trial will not ordinarily be granted in actions for tort (Shaw v. Samley Realty Co., Inc., 201 App. Div. 433), we think some part of the examination sought should have been allowed under the special circumstances which existed here.

The plaintiff employed the defendant, a plastic surgeon, to perform two operations on her breasts. She alleges that the operations were so negligently performed that they resulted in permanent disfigurement and excessive pain. To establish the allegation of negligence the plaintiff, by…