Kelleher v. Cohoes Trucking Co.

CONGER, District Judge.

This is an application on the part of the plaintiff for a copy of a medical examination made of the plaintiff by a physician for and on behalf of the defendant.

While' it does not appear in the moving papers herein, it was stated on the argument of the motion by the plaintiff’s attorney, and not contradicted by the attorney for the defendant, that the plaintiff’s attorney had consented to allow plaintiff to he examined by a physician for and on behalf of the defendant, and the examination was so had. Under the circumstances the plaintiff is entitled to a copy of the…