Quinones v. Valentin

Defendant moves to strike the action from the calendar and plaintiff moves for preferences, pursuant to rule 151 of the Rules of Civil Practice and rule 9 of the Kings County Supreme Court Rules.

The defendant asserts that he cannot conduct a physical examination because he has been unable to make a preliminary inspection of the hospital records denied him by the hospital authorities because plaintiff has refused to make a written assignment to cover unpaid hospital bills.

Plaintiff has undeniably co-operated and has authorized the inspection, but insists on her right to withhold the…