Opinion
February 23, 1998
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the order dated November 26, 1996, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order dated February 26, 1997, is modified by deleting the provision thereof which denied that branch of the defendant's motion which was to direct the plaintiff to submit to a physical examination and substituting therefor a provision granting that branch of the motion as so modified, the order is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that within 30 days after service upon the plaintiff's counsel of a copy of this decision and order with notice of entry the plaintiff shall submit to a physical examination to be held at a time and place to be fixed by written notice of not less than 10 days, to be given by the defendant, or at such other time and place as the parties may agree.
The plaintiff placed her physical condition in issue with regard to her claims for maintenance and custody ( see, e.g., Nalbandian v. Nalbandian, 117 A.D.2d 657). Therefore, under the facts of this case, the defendant should have been permitted to notice the plaintiff for a physical examination by a doctor of his choice ( see, e.g., Nalbandian v. Nalbandian, supra).
The defendant's remaining contentions are without merit.
Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.