Harth v. Nicholas Liakis & Son, Inc.

OPINION OF THE COURT

B. Thomas Pantano, J.

Defendants move to vacate and set aside two notices of intention to introduce X rays into evidence which notices were served pursuant to CPLR 4532-a.

*218Third-party defendants join in the motion by a cross motion.

Plaintiff, in turn, cross-moves for an order that the X rays here in issue be deemed admissible.

CPLR 4532-a as presently in form provides as follows:

"In an action in which a claim for personal injuries is asserted, an X-ray of any party thereto is admissible in evidence provided:

"(1) that there is photographically inscribed on such X-ray the names…