Opinion
February 3, 1995
Appeal from the Supreme Court, Erie County, Whelan, J.
Present — Denman, P.J., Lawton, Wesley, Balio and Boehm, JJ.
Order unanimously reversed on the law with costs and motion denied. Memorandum: In the absence of "special, unusual or extraordinary circumstances spelled out in factual detail", Supreme Court should not have permitted a physical examination of plaintiff after the note of issue and statement of readiness had been filed (Laudico v. Sears, Roebuck Co., 125 A.D.2d 960, 961; see, 22 NYCRR 202.21 [d]; Siegel, N.Y. Prac § 370 [2d ed]).