BERKEN v. LEVITT


8 A.D.2d 938 (1959)

Robert Berken, Appellant, v. Nathan Levitt, Respondent

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

July 6, 1959


Order reversed, with $10 costs and disbursements, and motion granted.

In our opinion, appellant by filing and serving his statement of readiness did not waive his right to a copy of the physician's report. The furnishing of the report could in no way delay the trial of the cause when reached. It was therefore an improper exercise of discretion to deny...

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