Opinion
April 22, 1985
Appeal from the Supreme Court, Westchester County (Gagliardi, J.).
Order modified, in the exercise of discretion, by deleting therefrom the second decretal paragraph and substituting therefor a provision (1) directing the plaintiff to submit, within 20 days after service upon her of written notice thereof, to a psychological or psychiatric examination by a person to be designated for that purpose by the defendants, and (2) staying the trial of the underlying action during the interim. As so modified, order affirmed, without costs or disbursements. Defendants shall designate a person to conduct the psychological or psychiatric examination of plaintiff within 10 days after service upon them of a copy of the order to be made hereon, with notice of entry.
In light of a prior determination granting the plaintiff leave to interpose an amended bill of particulars alleging, for the first time, augmented injuries with an apparent psychological or psychiatric component, the defendants should have been granted a brief additional period of time within which to conduct a single psychological or psychiatric examination of the plaintiff ( see, Mignott v. Sears, Roebuck Co., 86 A.D.2d 794; Goldman v Linkoff, 45 A.D.2d 709; see also, Buerger v. County of Erie, 101 A.D.2d 1025). Mangano, J.P., Gibbons, Bracken and Niehoff, JJ., concur.