Opinion
November 2, 1998
Appeal from the Supreme Court, Queens County (Lisa, J.).
Ordered that the order is affirmed, with costs.
The plaintiff, a pedestrian, allegedly was injured when struck by a vehicle operated by the defendant Donovan Archibald, and commenced the instant action to recover damages for his personal injuries. We agree with the Supreme Court that the defendants are not entitled to conduct a psychiatric examination of the plaintiff since the plaintiff has not made any claim based on aggravation of a preexisting emotional or mental condition and has not used his mental condition to excuse his conduct (see, Dillenbeck v. Hess, 73 N.Y.2d 278; Sternberger v. Offen, 138 A.D.2d 480). The results of a psychiatric examination of the plaintiff at this time are neither material nor necessary to the defense of this action (see, Sternberger v. Offen, supra).
Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.