Legal Opinion

Casali v. Phillips

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1988PublishedCited by 7 opinions

1Opinion of the Court

— Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: In the subject case, plaintiff failed to show any special circumstances warranting the presence of a stenographer at a physical examination to be conducted by defendant’s doctor.

The purpose of a physical examination of a party is to *942narrow the areas of medical dispute through the assistance of the medical profession and to eliminate much of the medical controversy in a personal injury case (Jakubowski v Lengen, 86 AD2d 398, 400). In Jakubowski (supra, at 401), we cautioned against…

2Cases cited5 opinions

  1. Rosenblitt v. RosenblittAppellate Division of the Supreme Court of the State of New York · 1985
  2. Jakubowski v. LengenAppellate Division of the Supreme Court of the State of New York · 1982
  3. Miocic v. WintersAppellate Division of the Supreme Court of the State of New York · 1980
  4. Shapiro v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1982
  5. Jackson v. CoccaAppellate Division of the Supreme Court of the State of New York · 1967

3Cited by7 opinions

  1. Pettway v. OgbonnaAppellate Division of the Supreme Court of the State of New York · 1999
  2. Hagmeier v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Mertz v. BradfordAppellate Division of the Supreme Court of the State of New York · 1989
  4. Whipple v. MyersAppellate Division of the Supreme Court of the State of New York · 1996
  5. Miller v. Holtz House of Vehicles, Inc.New York Supreme Court · 1991

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