Legal Opinion
Hagmeier v. Consolidated Rail Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 1989PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Although defendant is entitled to have plaintiff submit to a physical examination by a physician defendant designates (see, CPLR 3121; 22 NYCRR 202.17), plaintiff may object and may seek to have defendant select another doctor provided plaintiff can establish that the doctor defendant designated has bias or hostility toward plaintiff or his counsel (see, Casali v Phillips, 145 AD2d 941, 942; Rosenblitt v Rosenblitt, 107 AD2d 292, 295;…
2Cases cited6 opinions
- Rosenblitt v. RosenblittAppellate Division of the Supreme Court of the State of New York · 1985
- Miocic v. WintersAppellate Division of the Supreme Court of the State of New York · 1980
- Casali v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1988
- Shapiro v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1982
- Flaherty v. Olins Leasing Inc.Appellate Division of the Supreme Court of the State of New York · 1983
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3Cited by3 opinions
- Pettway v. OgbonnaAppellate Division of the Supreme Court of the State of New York · 1999
- Miller v. Holtz House of Vehicles, Inc.New York Supreme Court · 1991
- Parsons v. Hytech Tool & Die, Inc.Appellate Division of the Supreme Court of the State of New York · 1996