Wood v. Hoffman
New York Supreme Court
Motion to vacate and set aside an order for the examination of plaintiff as an adverse party under sections 870, 872 and 873 of the Code of Civil Procedure!
1Opinion of the CourtBrady, J.
This is a motion to vacate and set aside an order made for the examination of. the plaintiff as an adverse party under sections 870, 872 and 873 of the Code. • The order directs the plaintiff to appear for examination before a referee and also directs a physical examination by a physician, and further directs the examination of the physician before the referee as to the result of his examination. In so far as the order directs or permits the examination of the physician it is clearly unwarranted. I can find no provision of law which permits it. The section of the Code (873), contemplates a…
2Cases cited2 opinions
- Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894
- Potter v. Village of HammondsportAppellate Division of the Supreme Court of the State of New York · 1906