Maimone v. Virga

—In an action to recover damages for personal injuries, the defendants Charles Virga, Dolores Virga, James Virga, and ABCO Maintenance, Inc., appeal from an order of the Supreme Court, Richmond County (Leone, J.), entered September 10, 1997, which denied their motion to compel the plaintiff to appear and submit to a further physical examination.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the physical examination of the plaintiff shall continue at such time and place as shall be fixed in a written notice of not less than…