Legal Opinion

Goldstein v. Feinerman

New York Supreme Court

Decided February 21, 1956PublishedCited by 1 opinion

1Opinion of the CourtBenjamin Brenner, J.

Motion for physical examinations of plaintiffs in an action to recover for personal injuries. Plaintiffs are willing to submit to the examination, preferably to be conducted by the physican chosen by defendants, upon condition however that they receive a copy of the report of such examinations.

It does not follow, as is contended by the defendants, that plaintiffs automatically renounce their claim to a medical report where the examination is conducted by a physician chosen by defendants. True, where a plaintiff consents to an examination without prior request for or understanding that a…

2Cases cited3 opinions

  1. Goldenberg v. ZirinskyAppellate Division of the Supreme Court of the State of New York · 1906
  2. Tutone v. New York Consolidated RailroadAppellate Division of the Supreme Court of the State of New York · 1919
  3. Andrews v. GhikasAppellate Division of the Supreme Court of the State of New York · 1951

3Cited by1 opinion

  1. Swiatlowski v. KasprzykNew York Supreme Court · 1956

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