Juett v. Paesani

Appellate Division of the Supreme Court of New York

Juett v. Paesani

19 A.D.2d 726, 242 N.Y.S.2d 361, 1963 N.Y. App. Div. LEXIS 3407

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1963·Published·Cited by 1 cases

Opinion

— In a negligence action, the plaintiffs (husband and wife) appeal from an order of the Supreme Court, Rockland County, dated February 12, 1963, which granted the defendant’s motion to direct both plaintiffs (a) to submit to a physical examination; and (lb) to submit for defendant’s inspection “ all X-rays, if any, taken by the plaintiffs’ physicians ”, Order reversed, and defendant’s motion denied, with $10 costs and disbursements. Defendant’s motion for the examination was made subsequent to plaintiffs’ filing of a note of issue and statement of readiness. Defendant failed to make a motion, within 20 days after such filing, to strike the action from the calendar. Hence, under the Special Rule of this court, defendant is deemed to have waived her right to the examination and inspection sought (cf. Byrnes v. Ban’s Taxi, 18 A D 2d 807). Ughetta, Acting P. J., Kleinfeid, Christ, Brennan and Rabin, JJ., concur.

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— In a negligence action, the plaintiffs (husband and wife) appeal from an order of the Supreme Court, Rockland County, dated February 12, 1963, which granted the defendant’s motion to direct both plaintiffs (a) to submit to a physical examination; and (lb) to submit for defendant’s inspection “ all X-rays, if any, taken by the plaintiffs’ physicians ”, Order reversed, and defendant’s motion denied, with $10 costs and disbursements. Defendant’s motion for the examination was made subsequent to plaintiffs’ filing of a note of issue and statement of readiness. Defendant failed to make a motion, within 20 days after such filing, to strike the action from the calendar. Hence, under the Special Rule of this court, defendant is deemed to have waived her right to the examination and inspection sought (cf. Byrnes v. Ban’s Taxi, 18 A D 2d 807). Ughetta, Acting P. J., Kleinfeid, Christ, Brennan and Rabin, JJ., concur.

Juett v. Paesani, 19 A.D.2d 726, 242 N.Y.S.2d 361, 1963 N.Y. App. Div. LEXIS 3407 (N.Y. Ct. App. 1963).

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