Weyhrauch v. Miller

Order reversed on the law and the facts, with ten dollars costs and disbursements, and the motion denied, without costs. The complaint does not state a cause of action against the hospital and, therefore, the examination should not have been authorized. (Schloendorff v. New York Hospital, 211 N. Y. 125; Matter of Renouf v. N. Y. C. R. R. Co., 254 id. 349; Mieryjeski v. Bay Ridge Sanitarium, Inc., 237 App. Div. 851.) Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.