Adlerstein v. South Nassau Communities Hospital

OPINION OF THE COURT

Arthur D. Spatt, J.

Plaintiff claims that he has been rendered sterile by the malpractice of the defendants. Defendants seek to compel plaintiff to undergo a “semen test”. Must plaintiff accede to such a request, even though such compliance would cause plaintiff to undergo an alleged emotional, embarrassing and humiliating experience? For the reasons set forth below, the court finds that the plaintiff must undergo the “semen test”, as requested.

This is a motion for an order, pursuant to CPLR 3124 and 3121, compelling plaintiff to submit to a physical examination and to…