Opinion
June 8, 1987
Appeal from the Supreme Court, Richmond County (Amann, J.).
Ordered that the order is reversed, with costs, and the motion is granted. The examination shall be held at a time and place to be specified in a notice of not less than 10 days to be given by the defendant Ellis to the plaintiff.
On this record, in view of the additional injury to the lower back alleged in the plaintiff's supplemental bill of particulars, the court should have exercised its discretion to grant the request of the defendant Ellis for an additional physical examination by an orthopedist of the plaintiff with regard to her lower back (see, Cassavecca v Airport Transp. Serv., 110 A.D.2d 804; Buerger v County of Erie, 101 A.D.2d 1025; Miocic v Winters, 75 A.D.2d 887; 3A Weinstein-Korn-Miller, N Y Civ Prac ¶ 3121.04). Mangano, J.P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.