Legal Opinion
Falcone v. Repetti
New York Supreme Court
Decided November 19, 1969PublishedCited by 2 opinions
1Opinion of the CourtEdwin R. Lynde, J.
The plaintiff makes this motion to compel the defendants to furnish a copy of the defendants’ physician’s report of the physical examination of the plaintiff.
Plaintiff in making the request is obviously relying on 22 NYCRR 672.3 which states, in pertinent part, “copies of the reports of the physicians making examinations pursuant to this Part shall be served on all other parties within 20 days after completion of the examination” (see CPLR 3121, subd. [b]).
The defendants in refusing to accede to the plaintiff’s demand state unequivocally that they cannot be compelled by rule, statute or case…
2Cases cited12 opinions
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Falco v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- West v. Ætna Casualty & Surety Co.New York Supreme Court · 1965
- Ehrlich v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1937
- Beasley v. Huntley Estates at Ardsley, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
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3Cited by2 opinions
- Rudnik v. Norwich Pharmacal Co.Appellate Division of the Supreme Court of the State of New York · 1970
- Ravo v. RogatnickNew York Supreme Court · 1982