Fox v. City of New York

The enactment of subdivision (b) of section 3121 of the Civil Practice Law and Rules, in effect on September 1, 1963, has been said to be a backward step because under that newly enacted provision there is no requirement for a compulsory exchange of medical reports. A plaintiff can avoid disclosing medical reports in his control where, on his physical examination by the defendant, he merely refrains from making any demand for the report of such examination. The section simply puts the onus upon the defendant seeking a physical examination to provide a copy of the report thereof to the party…