N.Y. CPLR § 3121

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3121 Physical or mental examination § 3121. Physical or mental examination. (a) Notice of examination.After commencement of an action in which the mental or physicalcondition or the blood relationship of a party, or of an agent, employeeor person in the custody or under the legal control of a party, is incontroversy, any party may serve notice on another party to submit to aphysical, mental or blood examination by a designated physician, or toproduce for such examination his agent, employee or the person in hiscustody or under his legal control. The notice may require duly executedand acknowledged written authorizations permitting all parties toobtain, and make copies of, the records of specified hospitals relatingto such mental or physical condition or blood relationship; where aparty obtains a copy of a hospital record as a result of theauthorization of another party, he shall deliver a duplicate of the copyto such party. A copy of the notice shall be served on the person to beexamined. It shall specify the time, which shall be not less than twentydays after service of the notice, and the conditions and scope of theexamination.(b) Copy of report. A copy of a detailed written report of theexamining physician setting out his findings and conclusions shall bedelivered by the party seeking the examination to any party requestingto exchange therefor a copy of each report in his control of anexamination made with respect to the mental or physical condition incontroversy.