Washington v. Cuffaro

Upon the foregoing papers it is ordered that this motion for an order striking the defendant’s answer because of his failure to furnish a copy of his physician’s report of examination of the plaintiff is granted unless said report is served within 10 days from the date of the service of a copy of this order upon the attorney for the defendant.

The defendant, in resisting the application, urges that since he has no intention of calling his physician to testify, the only sanction to which he is subjected is that provided by rule VIII of part 4 ¿now part 5 as amended) of the Rules of the…