Mack v. 842 Myrtle Ave. Realty Corp.

Plaintiff seeks a preference under article III of the Special Readiness Rule of the Appellate Division, Second Department (eff. March 1, 1962), for the granting of preferences in personal injury actions. He has refused to submit his own medical reports, presumably because medical reports cannot be exchanged in the light of defendant’s refusal to conduct a physical examination of the plaintiff.

Article III (§1, subd. [b], par. [iii]) would appear to indicate that the only medical reports which the plaintiff need submit at the time he requests a preference are such reports which he is required…