Peritz v. Kaye

OPINION OF THE COURT

David Goldstein, J.

The novel issue raised on this motion is whether a party may be compelled to produce a supplemental medical report, prepared following a review of records and/or test results, which review was held in lieu of a further physical examination, where the physician had previously examined plaintiff and rendered a report, which was disclosed. Under the liberal disclosure to be accorded by the CPLR, the court holds such report to be by an "examining physician” (CPLR 3121 [b]) and, therefore, subject to disclosure.

*225Plaintiff in this personal injury action seeks…