Garrow v. Lomio
This text of 207 Misc. 97 (Garrow v. Lomio) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Rule 121-a of the Rules of Civil Practice and cases dealing with the taking of testimony before trial have no bearing upon a motion for a physical examination of a plaintiff in an action to recover for personal injuries. A physical [98]*98examination may be had. under section 306 of the Civil Practice Act in such actions when the defendant “ is ignorant of the nature and extent of the injuries complained of ’ \ The General Construction Law (§ 37-a) provides that an action for personal injuries includes an action for assault.
The order should be affirmed, with $10 costs and disbursements.
Edeb, Hecht and Schbeibeb, JJ., concur.
Order affirmed, etc.
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Cite This Page — Counsel Stack
207 Misc. 97, 136 N.Y.S.2d 542, 1954 N.Y. Misc. LEXIS 3460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrow-v-lomio-nyappterm-1954.