Opinion
March 18, 1996
Appeal from the Supreme Court, Westchester County (Ingrassia, J.).
Ordered that the order is modified by (1) deleting the provision thereof denying that branch of the motion which was to permit the continuation of the examination before trial of Francis X. Bernard, and substituting therefor a provision granting that branch of the motion, and (2) adding a provision granting the appellant leave to conduct one physical examination of the plaintiff by a doctor of the appellant's choosing; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the continued examination before trial of Francis X. Bernard and the physical examination of the plaintiff shall be at a time and place to be specified by the appellant in a notice of not less than 72 hours or at such other time and place as the parties may agree which in no event shall be later than March 29, 1996.
The Supreme Court improvidently exercised its discretion in denying the appellant's request to compel the continuation of an examination before trial of witness Francis X. Bernard. Moreover, under the circumstances presented here, we find that the appellant is entitled to conduct one physical examination of the plaintiff by a doctor of its choice.
The appellant's remaining contentions are without merit. Santucci, J.P., Altman, Krausman and Goldstein, JJ., concur.