Opinion
Submitted October 10, 2001.
October 22, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golia, J.), dated December 7, 2000, which granted the defendants' separate motions to strike the action from the trial calendar to the extent that the plaintiff was directed to submit to an independent medical examination by doctors designated by the defendants within 30 days.
Corozzo Greenberg, P.C., Howard Beach, N.Y. (Alan H. Greenberg of counsel), for appellant.
Epstein, Hill, Grammatico Gann, Mineola, N.Y. (Dennis S. Heffernan of counsel), for respondent Danielle DeSimone.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, NANCY E. SMITH, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the defendants' motions were not untimely as a matter of law (see, 22 NYCRR 202.21[e]; CPLR 2103[b][2]; Levy v. Schaefer, 160 A.D.2d 1182). Since the defendants' motions were timely, the Supreme Court providently exercised its discretion in directing the plaintiff's examination, as the defendants were only required to demonstrate that the action was not ready for trial (see, Audiovox Corp. v. Benyamini, 265 A.D.2d 135).
KRAUSMAN, J.P., LUCIANO, SMITH and ADAMS, JJ., concur.