Majority
p. 97Ellis Garrow, Appellant, v. Pasquale Lomio et al., Respondents. Supreme Court, Appellate Term, First Department, October 21, 1954.
Vincent A. Bochicchio for appellant.
James F. Reynolds and Richard H. Thomas for respondents.
Rule 121-a of the Rules of Civil Practice and cases dealing with the taking of testimony before trial have no bearing upon a motion for a physical examination of a plaintiff in an action to recover for personal injuries. A physical
p. 98
examination may be had. under section 306 of the Civil Practice Act in such actions when the defendant “ is ignorant of the nature and extent of the injuries complained of ’ \ The General Construction Law (§ 37-a) provides that an action for personal injuries includes an action for assault.
The order should be affirmed, with $10 costs and disbursements.
Edeb, Hecht and Schbeibeb, JJ., concur.
Order affirmed, etc.