N.Y. CTC Law § 17-A — New York Code / Act CTC / Article 3 / Section 17-A
Examination of notices of intention to file a claim
Status: in_force

§ 17-a. Examination of notices of intention to file a claim. 1.\nWherever a notice of intention to file a claim is served, the defendant\nshall have the right to demand an examination of the claimant relative\nto the occurrence and extent of the injuries or damages for which claim\nis made, which examination shall be upon oral questions unless the\nparties otherwise stipulate and may include a physical examination of\nthe claimant by a duly qualified physician. If the party to be examined\ndesires, he or she is entitled to have such physical examination in the\npresence of his or her own personal physician and such relative or other\nperson as he or she may elect. Exercise of the right to demand a\nphysical examination of the claimant as provided in this section shall\nin no way affect the right of a defendant in a subsequent claim brought\nupon the notice of intention to file a claim to demand a physical\nexamination of the claimant pursuant to statute or court rule.\n  2. The demand for examination as provided in subdivision one of this\nsection shall be made by the attorney for the defendant or by such\nofficer, agent or employee as may be designated by him for that purpose.\nThe demand shall be in writing and shall be served personally or by\nregistered or certified mail upon the claimant unless the claimant is\nrepresented by an attorney, when it shall be served personally or by\nmail upon his or her attorney. The demand shall give reasonable notice\nof the examination. It shall state the person before whom the\nexamination is to be held, the time, place and subject matter thereof\nand, if a physical examination is to be required, it shall so state. No\ndemand for examination shall be effective against the claimant for any\npurpose unless it shall be served as provided in this subdivision within\nninety days from the date of service of the notice of intention to file\na claim.\n  3. In any examination required pursuant to the provisions of this\nsection the claimant shall have the right to be represented by counsel.\nThe examination shall be conducted upon oath or affirmation. The officer\nor person before whom the examination is held shall take down or cause\nto be taken down every question and answer unless the parties consent\nthat only the substance of the testimony be inserted. The testimony so\ntaken, together with the report of the examining physician where a\nphysical examination is required, shall constitute the record of the\nexamination.  The transcript of the record of an examination, including\na copy of the report of the examining physician shall not be subject to\nor available for public inspection, except upon court order upon good\ncause shown, but shall be furnished to the claimant or his or her\nattorney upon request.\n  4. A transcript of the testimony taken at an examination pursuant to\nthe provisions of this section, including a copy of the report of the\nexamining physician, may be read in evidence by either party, in a claim\nfounded upon the notice of intention to file a claim in connection with\nwhich it was taken, at the trial thereof or upon assessment of damages\nor upon motion. In an action by an executor or administrator to recover\ndamages for a wrongful act, neglect or default by which a decedent's\ndeath was caused, the testimony of such decedent taken pursuant to the\nprovisions of this section in respect of such wrongful act, neglect or\ndefault may be read in evidence.\n  5. Where a demand for examination has been served as provided in\nsubdivision two of this section no claim shall be commenced against the\ndefendant against which the notice of intention to file a claim is made\nunless the claimant has duly complied with such demand for examination,\nwhich compliance shall be in addition to the requirements of sections\nten and eleven of this chapter.  If such examination is not conducted\nwithin ninety days of service of the demand, the claimant may commence\nthe claim. The claim, however, may not be commenced until compliance\nwith the demand for examination if the claimant fails to appear at the\nhearing or requests an adjournment or postponement beyond the ninety day\nperiod. If the claimant requests an adjournment or postponement beyond\nthe ninety day period, the defendant shall reschedule the hearing for\nthe earliest date available.\n