Negron v. Kaufman
| Citation | 26 A.D.2d 548,271 N.Y.S.2d 605 |
| Parties | Miguel NEGRON, Appellant, v. Samuel KAUFMAN, Respondent. |
| Decision Date | 06 June 1966 |
| Court | New York Supreme Court Appellate Division |
In an action to recover damages for medical malpractice and breach of contract, plaintiff appeals from an order of the Supreme Court, Suffolk County, entered December 29, 1965 which, on defendant's motion, (1) directed plaintiff to submit to a physical examination, (2) stayed the trial and all further proceedings pending completion of such examination and (3) directed dismissal of the complaint in the event of plaintiff's failure to comply with the order. Order reversed and motion denied, with $100 costs and disbursements. Under the Special Rules of this court (Part Seven, rules III and VII) defendants are deemed to have waived their right to the examination sought (Juett v. Paesani, 19 A.D.2d 726, 242 N.Y.S.2d 361; Byrnes v. Dan's Taxi, 18 A.D.2d 807, 236 N.Y.S.2d 471). No 'unusual or unanticipated conditions' within the meaning of rule VII were shown to permit departure from the general rule.
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