Cowen v. Cowen

Levy, J.:

In this action for an annulment of the marriage on the ground of the concealment from the plaintiff by the defendant of a disease with which she is alleged to have been infected before the marriage, the plaintiff seeks an opportunity for an analytical test of a specimen of the spinal fluid of the defendant, in order to establish his cause of action. The application is resisted on the ground that the examination is unnecessary and unauthorized before the trial. Section 306 of the Civil Practice Act, which provides for physical examinations before trial, is strictly limited in its…