Opinion
December 8, 1998
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
It was an improvident exercise of discretion to deny defendant the opportunity to conduct a physical examination of plaintiff Marco Cardillo on the ground that she had failed to do so within the time constraints set forth in a preliminary conference order, especially in light of the fact that the note of issue was filed four months before the discovery deadline contained in the preliminary conference order. We modify to provide for such examination.
Concur — Sullivan, J. P., Rosenberger, Wallach, Mazzarelli and Andrias, JJ.