Di Salvo v. Di Giacomo

In this negligence action to recover damages for alleged personal injuries suffered by plaintiff, defendant Di Griacomo has moved, pursuant to section 306 of the Civil Practice Act, for an order directing that the plaintiff submit to a physical examination by a physician to be designated by the court. Plaintiff raises no objection to submitting to the desired physical examination on condition that he or his attorney be furnished with a copy of the written report of the examining physician, to which condition the moving defendant objects.

The sole question presented on this motion is whether or…