Majority
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about September 14, 2015, which to the extent appealed from as limited by the briefs, granted defendant’s motion to direct plaintiff to resubmit to a medical examination by defendant’s designated physician, and order, same court and Justice, entered February 25, 2016, which granted defendant’s motion for a protective order to compel plaintiff to attend the independent medical examination by defendant’s designated physician and to exclude nonattorneys from the exam, unanimously affirmed, without costs.
The motion court providently exercised its discretion when it granted defendant’s timely motion directing plaintiff to resubmit to a medical examination by defendant’s designated physician, post-note of issue, in accordance with 22 NYCRR 202.21 (e) (see Andon v 302-304 Mott St. Assoc., 94 NY2d 740 , 745 [2000]), and defendant did not need to prove “unusual or unanticipated circumstances” as required pursuant to 22 NYCRR 202.21 (d) (see Audiovox Corp. v Benyamini, 265 AD2d 135 , 138-139 [2d Dept 2000]).
Concur — Acosta, J.P., Maz-zarelli, Andrias, Feinman and Webber, JJ.
Cases cited
- Andon v. 302-304 Mott Street Associates 94 NY2d 740 at 745 p. 457
- Audiovox Corp. v. Benyamini 265 AD2d 135 at 138-139 p. 457
- Bermejo v. New York City Health & Hospitals Corp. 135 AD3d 116 at 145 p. 458
- Cooper v. McInnes 112 AD3d 1120 at 1121 p. 458
- Mertz v. Bradford 152 AD2d 962 p. 458