Summary
In Baum v. Nussenbaum (7 A.D.2d 991 [2d Dept.]) the court reiterated the position taken by it in the Mansoor case (supra), and said (pp. 991-992): "In an action to recover damages for personal injuries, the appeal is from an order requiring appellant to furnish respondent with a copy of the report of the physical examination of respondent, held on her consent by appellant's examining physician.
Summary of this case from O'Keefe v. MowOpinion
March 2, 1959
In an action to recover damages for personal injuries, the appeal is from an order requiring appellant to furnish respondent with a copy of the report of the physical examination of respondent, held on her consent by appellant's examining physician. On this appeal, appellant contends that as a condition for being granted a copy of said report, respondent should be required to furnish appellant with a copy of the report of examinations by her own physician. Order affirmed, with $10 costs and disbursements ( Mansoor v. Simon, 5 A.D.2d 845; Totoritus v. Stefan, 10 Misc.2d 881, affd. 6 A.D.2d 123). Nolan, P.J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.