SWIATLOWSKI v. KASPRZYK


3 A.D.2d 261 (1957)

Charles Swiatlowski et al., Respondents, v. Casmier V. Kasprzyk, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 13, 1957.


Attorney(s) appearing for the Case

Richard K. Schoepperle for appellant.

Hyman Karnofsky and Irwin E. Ginsberg for respondents.

Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.


WILLIAMS, J.

The plaintiff alleges that she was injured through negligence of the defendant. Before the commencement of an action, she voluntarily submitted to a physical examination by a physician selected by defendant. After action brought, defendant moved for a further examination under section 306 of the Civil Practice Act. We have held that an examination prior to the commencement of an action is not exhaustive...

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