FOX v. CITY OF NEW YORK


40 Misc.2d 474 (1963)

Pauline Fox et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Special Term, Kings County.

September 12, 1963


Attorney(s) appearing for the Case

Elliott A. Roberts for plaintiffs. Leo A. Larkin, Corporation Counsel, for defendant.


BENJAMIN BRENNER, J.

The enactment of subdivision (b) of section 3121 of the Civil Practice Law and Rules, in effect on September 1, 1963, has been said to be a backward step because under that newly enacted provision there is no requirement for a compulsory exchange of medical reports. A plaintiff can avoid disclosing medical reports in his control where, on his physical examination by the defendant, he merely...

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