Opinion
2001-09866
Submitted September 4, 2002.
September 24, 2002.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated September 28, 2001, which denied their motion to compel the plaintiff to submit to a physical examination.
Jaffe Nohavicka, New York, N.Y. (Stacy R. Seldin of counsel), for appellants.
Jared Altman, Peekskill, N.Y., for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
The defendants forfeited their right to conduct physical examinations of the injured plaintiff when they failed to arrange and conduct the examinations within the time period required by the Supreme Court's pretrial conference orders (see Vitello v. JAM Installers, 264 A.D.2d 774; Gill v. United Parcel Serv., 249 A.D.2d 265; Levine v. McFarland, 98 A.D.2d 795). Accordingly, the Supreme Court properly exercised its discretion in denying their motion to compel such discovery.
The defendants' remaining contentions are without merit.
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO, TOWNES and COZIER, JJ., concur.