Totoritus v. Stefan

This is a motion by plaintiff for a discovery and inspection of a statement made by plaintiff to defendant’s investigator, the record of the physical examination of the plaintiff by the defendant’s doctor, and the hospital record. The inspection of a party’s own statement to his opponent’s investigator is proper (Urbina v. McLain, 4 A D 2d 589 and cases cited). While in the instant case there was no order directing the physical examination which was held by consent, I find no compelling reason for not adopting the reasoning of Mr. Justice Eder in the case of Kuyamjian v. Murrah (5 Misc 2d…