Pendergast v. Consolidated Rail Corp.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied that portion *869of defendant’s motion seeking to compel a physical examination of plaintiff and properly granted that portion of plaintiff’s motion seeking a protective order with respect to the physical examination of plaintiff. Plaintiff commenced this personal injury action in 1992. In December 1993, plaintiff’s counsel served a notice fixing the time and place for a physical examination of plaintiff. Thereafter, at defendant’s request,…