Bradford v. City of New York

OPINION OF THE COURT

Peter Tom, J.

The interesting issue raised in this motion is whether the medical report exchange rule pursuant to 22 NYCRR 202.17 (h) applies to reports of examinations conducted not for the purpose of litigation nor upon the request of the parties.

Defendant City of New York, in the instant motion, seeks to vacate the verdict of the jury which found the city negligent in causing plaintiffs injuries.

Plaintiff, a United States postal letter carrier, while sitting on the passenger side of the cab of a postal truck parked along *210the curb of 44th Street heard a loud, crashing…