Opinion
July 5, 1967
Order of the Supreme Court, Queens County, dated February 27, 1967, reversed, with $10 costs and disbursements to respondents, and defendant's motion for a physical examination of plaintiff Janet Weinerman granted. The Trial Term shall fix the time and place of the examination in accordance with the interests of justice. In our opinion, a reasonable excuse was demonstrated for defendant's failure to respond to the notice for a physical examination. However, costs are imposed against defendant since his failure properly to respond to the notice occasioned the ensuing difficulties. Beldock, P.J., Christ, Rabin, Benjamin and Munder, JJ., concur.