O'Leary v. Sealey

This is a motion made hy the plaintiff for a physical examination of the defendant. The action is in negligence and it is claimed that the defendant’s car struck the plaintiff’s car in the rear on the Northern State Parkway on the 23d day of September, 1962.

The motion is based on CPLR 3121 (subd. [a]) upon the basis that in the examination before trial of the defendant she admitted that on the day of the accident she remembered entering Northern State Parkway and that the next thing she remembered was waking up in Huntington Hospital.

There is an allegation in the complaint that the defendant…