Legal Opinion
Lebowitz v. Cinberg
New York Supreme Court
Decided April 10, 1978PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Bentley Kassal, J.
The issue is whether a party in a personal injury action may be required to obtain and deliver a medical report from its treating or examining doctor under CPLR 3121 (subd [b]) and 22 NYCRR 660.11 or may it refuse to do so if the physical examination report has not been prepared and/or delivered to the party.
FACTS
Plaintiff, in a malpractice action, moves to strike defendant’s answer for failure to deliver the report of the defendant’s doctor who examined plaintiff after the demand pursuant to CPLR 3121 (subd [b]). Defendant resists on the basis that there…
2Cases cited2 opinions
- Greuling v. BreakeyAppellate Division of the Supreme Court of the State of New York · 1977
- Pipers v. RosenowAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by5 opinions
- Pierson v. YourishAppellate Division of the Supreme Court of the State of New York · 1986
- Comunale v. Sealand Contractors Corp.New York Supreme Court · 2004
- Daguaro v. BratkeCivil Court of the City of New York · 1989
- Peritz v. KayeCivil Court of the City of New York · 1988
- Comunale v. Sealand Contrs. Corp.New York Supreme Court, Monroe County · 2004