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JURIST v. HERTZ CORP.

48 Misc.2d 278 (1965)

Harry Jurist, Respondent, v. Hertz Corporation et al., Appellants, et al., Defendant.

Supreme Court, Appellate Term, First Department.

October 7, 1965

Attorney(s) appearing for the Case

Cymrot & Wolin (Benjamin Heller of counsel), for appellants. Michael A. Schwartz and Daniel M. Hirsch for respondent.

Concur — HOFSTADTER, J. P., TILZER and HECHT, JJ.

Per Curiam.

Plaintiff's failure to comply with rule 15 of the Civil Court of the City of New York Rules precluded him from offering the testimony of the doctor who examined him the day before the trial and who was not the original treating doctor. Failure to furnish defendants with this doctor's report or afford a physical examination with respect to the alleged damage to plaintiff's left eye was reversible error. The testimony having been admitted, the failure...

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