Benedict v. Misener

This is a motion for a protective order pursuant to CPLR 3122 requesting that a notice of demand for delivery of medical reports made by the plaintiff be vacated.

The defendant has examined the plaintiff physically pursuant to CPLR 3121, subd. (b). The plaintiff has served a written notice demanding an exchange of medical reports and has offered such reports as” he presently has to the defendant.

The defendant refuses to comply with that demand. He asserts that he is entitled to receive from plaintiff in exchange for his report (1) all medical reports in plaintiff’s possession, (2) current…