ORR v. MARTIN


98 Misc.2d 391 (1978)

Jordan D. Orr, Plaintiff, v. James Martin, Defendant.

Supreme Court, Special Term, Albany County.

December 20, 1978


Attorney(s) appearing for the Case

Hesson, Ford, Sherwood & Whalen for defendant. James M. Woolsey, Jr., P. C., for plaintiff.


ROGER J. MINER, J.

Defendant moves pursuant to CPLR 3124 for an order "compelling the plaintiff to disclose his medical reports on the grounds that said reports are material and necessary to the preparation of a defense by the defendant".

The motion must be denied. Defendant would be entitled to plaintiff's reports of physical examination only if the plaintiff had requested a copy of the reports of physicians...

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