Itkin v. Riverbay Corp.

Appellate Division of the Supreme Court of New York

Itkin v. Riverbay Corp.

68 A.D.2d 861, 414 N.Y.S.2d 1006, 1979 N.Y. App. Div. LEXIS 11077

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 28, 1979

StatusPublished

This text of 68 A.D.2d 861 (Itkin v. Riverbay Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Itkin v. Riverbay Corp., 68 A.D.2d 861, 414 N.Y.S.2d 1006, 1979 N.Y. App. Div. LEXIS 11077 (N.Y. Ct. App. 1979).

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Opinion

Orders, Supreme Court, New York County, entered March 16 and 20, 1979, unanimously modified, in the exercise of discretion, to restore to the earlier order the proposed final decretal paragraph stricken therefrom at settlement, to wit: "ordered, that plaintiffs provide to the physician or physicians retained by defendants, prior to the holding of the physical examination(s) referred to in this order, a copy of all hospital records in plaintiff’s possession regarding all confinements of the plaintiff, Morris Itkin, subsequent to the date of the alleged occurrence giving rise to this action and all medical reports from all physicians whom the plaintiffs intend to testify at trial.” The orders are otherwise affirmed, without costs or disbursements. The record reflects the precarious condition of plaintiff’s health, which necessitates immediate deposition on videotape, as well as physical examination. It is in the interest of justice to provide defendants’ examining physicians with the requisite information to facilitate proper conduct of the physical examination. For this reason, medical information is to be supplied. Compliance is to follow immediately upon service of a copy of the order entered hereon so that matters may proceed on the scheduled date. Counsel have been alerted by telephone to assure expedition. Concur—Murphy, P. J., Sullivan, Markewich, Lupiano and Silverman, JJ.

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Orders, Supreme Court, New York County, entered March 16 and 20, 1979, unanimously modified, in the exercise of discretion, to restore to the earlier order the proposed final decretal paragraph stricken therefrom at settlement, to wit: "ordered, that plaintiffs provide to the physician or physicians retained by defendants, prior to the holding of the physical examination(s) referred to in this order, a copy of all hospital records in plaintiff’s possession regarding all confinements of the plaintiff, Morris Itkin, subsequent to the date of the alleged occurrence giving rise to this action and all medical reports from all physicians whom the plaintiffs intend to testify at trial.” The orders are otherwise affirmed, without costs or disbursements. The record reflects the precarious condition of plaintiff’s health, which necessitates immediate deposition on videotape, as well as physical examination. It is in the interest of justice to provide defendants’ examining physicians with the requisite information to facilitate proper conduct of the physical examination. For this reason, medical information is to be supplied. Compliance is to follow immediately upon service of a copy of the order entered hereon so that matters may proceed on the scheduled date. Counsel have been alerted by telephone to assure expedition. Concur—Murphy, P. J., Sullivan, Markewich, Lupiano and Silverman, JJ.

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Bluebook (online)

68 A.D.2d 861, 414 N.Y.S.2d 1006, 1979 N.Y. App. Div. LEXIS 11077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/itkin-v-riverbay-corp-nyappdiv-1979.