Otten v. Melbros Construction Co.

Motion for an order directing defendants to furnish a copy of the report of the physical examination of plaintiff by defendants’ doctor.

The motion is granted, with $10 costs. (See Martin v. La Fonte. 53 N. Y. S. 2d 415; Gooch v. Blanch, 14 Misc 2d 396; Baum v. Nussenbaum, 19 Misc 2d 474.) The fact that the examination was voluntarily given should not militate against plaintiff, who might have insisted on a motion being made under section 306 of the Civil Practice Act, in which case the order would provide for furnishing of a copy of the doctor’s report to plaintiff.

In the light of the present…