BENEDICT v. MISENER


45 Misc.2d 119 (1965)

Jane C. Benedict et al., Plaintiffs, v. Raymond Misener, Defendant.

Supreme Court, Special Term, Onondaga County.

February 8, 1965


Attorney(s) appearing for the Case

John D. Bryant for plaintiffs. Oot, Greene, Setright & Moore (Ronald V. Sharpe of counsel), for defendant.


RICHARD D. SIMONS, J.

This is a motion for a protective order pursuant to CPLR 3122 requesting that a notice of demand for delivery of medical reports made by the plaintiff be vacated.

The defendant has examined the plaintiff physically pursuant to CPLR 3121, subd. (b). The plaintiff has served a written notice demanding an exchange of medical reports and has offered such reports as he presently has to the defendant.

The defendant refuses...

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