LEBOWITZ v. CINBERG


94 Misc.2d 872 (1978)

Vicki N. Lebowitz, Plaintiff, v. Bernard L. Cinberg et al., Defendants.

Supreme Court, Special Term, New York County.

April 10, 1978


Attorney(s) appearing for the Case

Kramer, Dillof, Tessel & Duffy (Daniel Kramer of counsel), for plaintiff. Morris, Duffy, Ivone & Jensen (John J. Duffy of counsel), for French & Polyclinic Medical School & Health Center, defendant. Bower & Gardner for Bernard L. Cinberg, defendant.


BENTLEY KASSAL, J.

The issue is whether a party in a personal injury action may be required to obtain and deliver a medical report from its treating or examining doctor under CPLR 3121 (subd [b]) and 22 NYCRR 660.11 or may it refuse to do so if the physical examination report has not been prepared and/or delivered to the party.

FACTS

Plaintiff, in a malpractice action, moves to strike defendant...

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