Bloom v. Brooklyn & Queens Transit Corp.

The action is to recover damages for personal injuries. The defendant obtained an ex parte order requiring the plaintiff infant, a female, to submit to a physical examination by a male physician. This motion is to vacate said order as improper. This court has the power to compel plaintiff to be examined. (Mun. Ct. Code, § 117.) Such order must be made after notice. (Young v. Fairfax, 120 Misc. 839.) In the Young case, Justice Lehman, now of the Court of Appeals, refused to grant an ex parte order, saying (at p. 839): “ Prior to the Civil Practice Act such orders Were ordinarily obtained…