Opinion
November 20, 1995
Appeal from the Supreme Court, Kings County (Scholnick, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's motion is granted, and the plaintiff is directed to submit to the exam in question at the office of the defendant's examining podiatrist.
Under the circumstances, where the defendant seeks to take X-rays in connection with the physical examination of the plaintiff, a well-established right, the examination must be conducted in a physician's office (see, Healy v Deepdale Gen. Hosp., 145 A.D.2d 413). This determination reflects the common sense notion that medical examinations are more properly conducted in medical offices rather than in the offices of an attorney (see, Resnick v Seher, 198 A.D.2d 218). Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.