Legal Opinion
Kavanagh v. Ogden Allied Maintenance Corp.
New York Court of Appeals
Decided November 18, 1998PublishedCited by 91 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
Although the plain language of CPLR 3121 (a) authorizes physical or mental examinations “by a designated physician,” and defendant’s vocational rehabilitation expert was not a medical doctor, CPLR 3121 does not limit the scope of general discovery available, subject to the discretion of the trial court, under CPLR 3101 (see, Hoenig v Westphal, 52 NY2d 605, 609; Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C310L3,…
2Cases cited6 opinions
- O'Neill v. Oakgrove Construction, Inc.New York Court of Appeals · 1988
- Cynthia B. v. New Rochelle Hospital Medical CenterNew York Court of Appeals · 1983
- Hoenig v. WestphalNew York Court of Appeals · 1981
- DiMichel v. South Buffalo Railway Co.New York Court of Appeals · 1992
- In re U. S. Pioneer Electronics Corp.New York Court of Appeals · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
- Forman v. HenkinCourt for the Trial of Impeachments and Correction of Errors · 2018
- Andon v. 302-304 Mott Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Kooper v. KooperAppellate Division of the Supreme Court of the State of New York · 2010
- Anonymous v. High School for Environmental StudiesAppellate Division of the Supreme Court of the State of New York · 2006
86 more not listed; retrieve them via the Exa API.