Opinion
February 19, 1985
Appeal from the Supreme Court, Orange County (Gurahian, J.).
Order affirmed, without costs or disbursements. The examination of the infant plaintiff shall proceed at a time and place to be fixed in a written notice of not less than 30 days to be given by defendants, or at such other time and place as the parties may agree.
In the peculiar circumstances of this case (liquidation of defendants' insurance carrier coupled with a substitution of counsel and lack of authorization to proceed), it was not an abuse of discretion for Special Term to have allowed the tardy physical examination ( see, 22 NYCRR 103.4, 675.7; Cohen v Finkelstein, 66 A.D.2d 831; De Feyo v Town of Eastchester, 65 A.D.2d 616; Bowen v Fiore, 42 A.D.2d 960). Titone, J.P., Thompson, O'Connor and Eiber, JJ., concur.