RIVERS v. DUNCAN


202 Misc. 549 (1952)

George Rivers, Plaintiff, v. J. William Duncan et al., Defendants.

Supreme Court, Special Term, Bronx County.

August 15, 1952.


Attorney(s) appearing for the Case

Willard G. Burt for J. William Duncan, defendant.

John J. O'Connor for Pinkas Fischer, doing business as Pinkas Fischer & Co., defendant.

Jacob Fuchsberg and Samuel S. Parmet for plaintiff.


MATTHEW M. LEVY, J.

A defendant moves for a physical examination of plaintiff and for a discovery and inspection in aid of it. The motion is opposed by plaintiff on the sole ground that a codefendant has already been afforded the same relief, and that the first defendant's physician's report will be made available to the moving defendant. This objection is untenable.

A plaintiff is normally entitled to all appropriate intermediate relief of a...

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