Murdaugh v. Queens-Nassau Transit Lines, Inc.

Appellate Division of the Supreme Court of New York

Murdaugh v. Queens-Nassau Transit Lines, Inc.

280 A.D. 826, 113 N.Y.S.2d 804, 1952 N.Y. App. Div. LEXIS 3827

Appellate Division of the Supreme Court of the State of New York·Decided June 23, 1952·Published·Cited by 3 cases

Opinion

In an action to recover damages for personal injuries, order, made on reargument, granting a motion under section 306 of the Civil Practice Act for a physical examination of appellant and the taking of X rays, reversed, with $10 costs and disbursements, and motion denied, with $10 costs. The granting of the motion was an improvident exercise of discretion. (Braun v. Board of Educ. of City of N. Y., 248 App. Div. 586.) There is no change in the situation here that would warrant a second examination. Carswell, Acting P. J., Wenzel and MaeCrate,- JJ., concur; Adel and Schmidt, JJ., dissent and vote to affirm. [See post, p. 933.]

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In an action to recover damages for personal injuries, order, made on reargument, granting a motion under section 306 of the Civil Practice Act for a physical examination of appellant and the taking of X rays, reversed, with $10 costs and disbursements, and motion denied, with $10 costs. The granting of the motion was an improvident exercise of discretion. (Braun v. Board of Educ. of City of N. Y., 248 App. Div. 586.) There is no change in the situation here that would warrant a second examination. Carswell, Acting P. J., Wenzel and MaeCrate,- JJ., concur; Adel and Schmidt, JJ., dissent and vote to affirm. [See post, p. 933.]

Murdaugh v. Queens-Nassau Transit Lines, Inc., 280 A.D. 826, 113 N.Y.S.2d 804, 1952 N.Y. App. Div. LEXIS 3827 (N.Y. Ct. App. 1952).

Pincite

280 A.D. 826 (Murdaugh v. Queens-Nassau Transit Lines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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