Mizak v. Carborundum Co.
New York Supreme Court
Application for an order amending the order for the physical examination of plaintiff, made on defendant’s application, under Code Ciy. Pro., § 873, by requiring the physicians making such examination to report in writing the results thereof and to file such report in ¡Niagara county clerk’s office.
1Opinion of the CourtPbvuD, J.
Defendant obtained the usual order for the medical examination of plaintiff before trial, under the Code of Civil Procedure, section 873. Dr. Wilson, named in the order to make the examination, was employed by defendant for that purpose. He made the examination,,but he refuses to disclose to plaintiff’s attorney what he learned as a result thereof. Plaintiff now moves for an order requiring him to make and file a report of such examination.
Section 873 of the Code of Civil Procedure provides that: “ such examination shall be had and made under such restrictions and directions as to the court…
2Cases cited5 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894
- McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Potter v. Village of HammondsportAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by16 opinions
- Fred Howland, Inc. v. MorrisSupreme Court of Florida · 1940
- Hayt v. Brewster, Gordon & Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Kelman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Del Ra v. VaughanNew York Supreme Court · 1956
- Del Ra v. VaughanAppellate Division of the Supreme Court of the State of New York · 1956
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