Piaquadia v. Giardino

Appellate Division of the Supreme Court of New York

Piaquadia v. Giardino

15 A.D.2d 452, 221 N.Y.S.2d 952, 1961 N.Y. App. Div. LEXIS 7359

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

DecidedDecember 5, 1961

StatusPublished

This text of 15 A.D.2d 452 (Piaquadia v. Giardino) 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

Piaquadia v. Giardino, 15 A.D.2d 452, 221 N.Y.S.2d 952, 1961 N.Y. App. Div. LEXIS 7359 (N.Y. Ct. App. 1961).

Pincite

Opinion

The trial of the action and all proceedings on the part of the plaintiffs, however, is stayed sua sponte until the plaintiffs -comply with the order to submit to the physical examination by the Impartial Medical Panel. The court is vested with discretionary powers under the Special Rules for Medical Examinations. This discretion does not appear to have been abused. Therefore, the refusal of the plaintiffs to submit to the physical examination heretofore ordered at pretrial cannot be countenanced. An action should not be dismissed for failure to submit to a physical examination ordered by the court in the absence of a proper record of the considerations which impelled such a determination. (Cf. Ivory v. Widaben Realty Corp., 5 A D 2d 266.) Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

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The trial of the action and all proceedings on the part of the plaintiffs, however, is stayed sua sponte until the plaintiffs -comply with the order to submit to the physical examination by the Impartial Medical Panel. The court is vested with discretionary powers under the Special Rules for Medical Examinations. This discretion does not appear to have been abused. Therefore, the refusal of the plaintiffs to submit to the physical examination heretofore ordered at pretrial cannot be countenanced. An action should not be dismissed for failure to submit to a physical examination ordered by the court in the absence of a proper record of the considerations which impelled such a determination. (Cf. Ivory v. Widaben Realty Corp., 5 A D 2d 266.) Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

15 A.D.2d 452, 221 N.Y.S.2d 952, 1961 N.Y. App. Div. LEXIS 7359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piaquadia-v-giardino-nyappdiv-1961.