New York Court Acts|SECTION 17-A

                                                

  § 17-a. Examination of notices of intention to file a claim. 1.
Wherever a notice of intention to file a claim is served, the defendant
shall have the right to demand an examination of the claimant relative
to the occurrence and extent of the injuries or damages for which claim
is made, which examination shall be upon oral questions unless the
parties otherwise stipulate and may include a physical examination of
the claimant by a duly qualified physician. If the party to be examined
desires, he or she is entitled to have such physical examination in the
presence of his or her own personal physician and such relative or other
person as he or she may elect. Exercise of the right to demand a
physical examination of the claimant as provided in this section shall
in no way affect the right of a defendant in a subsequent claim brought
upon the notice of intention to file a claim to demand a physical
examination of the claimant pursuant to statute or court rule.

2. The demand for examination as provided in subdivision one of this
section shall be made by the attorney for the defendant or by such
officer, agent or employee as may be designated by him for that purpose.
The demand shall be in writing and shall be served personally or by
registered or certified mail upon the claimant unless the claimant is
represented by an attorney, when it shall be served personally or by
mail upon his or her attorney. The demand shall give reasonable notice
of the examination. It shall state the person before whom the
examination is to be held, the time, place and subject matter thereof
and, if a physical examination is to be required, it shall so state. No
demand for examination shall be effective against the claimant for any
purpose unless it shall be served as provided in this subdivision within
ninety days from the date of service of the notice of intention to file
a claim.

3. In any examination required pursuant to the provisions of this
section the claimant shall have the right to be represented by counsel.
The examination shall be conducted upon oath or affirmation. The officer
or person before whom the examination is held shall take down or cause
to be taken down every question and answer unless the parties consent
that only the substance of the testimony be inserted. The testimony so
taken, together with the report of the examining physician where a
physical examination is required, shall constitute the record of the
examination.  The transcript of the record of an examination, including
a copy of the report of the examining physician shall not be subject to
or available for public inspection, except upon court order upon good
cause shown, but shall be furnished to the claimant or his or her
attorney upon request.

4. A transcript of the testimony taken at an examination pursuant to
the provisions of this section, including a copy of the report of the
examining physician, may be read in evidence by either party, in a claim
founded upon the notice of intention to file a claim in connection with
which it was taken, at the trial thereof or upon assessment of damages
or upon motion. In an action by an executor or administrator to recover
damages for a wrongful act, neglect or default by which a decedent's
death was caused, the testimony of such decedent taken pursuant to the
provisions of this section in respect of such wrongful act, neglect or
default may be read in evidence.

5. Where a demand for examination has been served as provided in
subdivision two of this section no claim shall be commenced against the
defendant against which the notice of intention to file a claim is made
unless the claimant has duly complied with such demand for examination,
which compliance shall be in addition to the requirements of sections
ten and eleven of this chapter.  If such examination is not conducted
within ninety days of service of the demand, the claimant may commence
the claim. The claim, however, may not be commenced until compliance
with the demand for examination if the claimant fails to appear at the
hearing or requests an adjournment or postponement beyond the ninety day
period. If the claimant requests an adjournment or postponement beyond
the ninety day period, the defendant shall reschedule the hearing for
the earliest date available.