Callan v. Adams

The plaintiff does not object to the physical examination, but contends that it should be directed only on condition that he be furnished a copy of the physician’s report. This is the sole question before the court.

An examination of the reported decisions indicates that there is a conflict in authority. The First and Fourth Departments have taken the view that the plaintiff is not entitled to a copy of the examining physician’s report. The Second Department has held to the contrary. It does not appear that the Appellate Division of the Third Department has had occasion to pass upon the…