Opinion
August 12, 1985
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Order dated June 6, 1984 reversed insofar as appealed from, without costs or disbursements, and that branch of defendant Chrysler's motion which sought a further examination of plaintiff by a clinical psychologist granted. The examination shall take place at such time and place as shall be fixed in a written notice by appellant of not less than 10 days, or at such other time and place as the parties may agree. The time within which appellant may serve such notice is extended until 10 days after service upon it of a copy of the order made hereon, with notice of entry.
Under the particular circumstances of this case, defendant Chrysler has adequately demonstrated the need for a more thorough disclosure of plaintiff's mental condition by an expert in the discipline of clinical psychology (CPLR 3121; Carden v Callocchio, 100 A.D.2d 608; see also, Vaupel v. Church Charity Found., 49 A.D.2d 932; Korolyk v. Blagman, 89 A.D.2d 578). Accordingly, we substitute our discretion for that of Special Term ( see, Jacques v. Sears, Roebuck Co., 30 N.Y.2d 466; Carden v. Callocchio, supra) and grant defendant Chrysler's request for such an examination. Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.