Roberson v. Fordham Rent-A-Car Corp.

Order, Supreme Court, New York County, entered on February 25, 1971, denying defendant’s motion to obtain a physical examination of plaintiff, unanimously reversed, in the exercise of discretion, and the motion granted, on condition that defendant pay costs to date in addition to $30 costs and disbursements of this appeal; otherwise said order is affirmed. The defendant failed to show any justification for the failure to comply with the medical exchange rules and rules pertaining to vacatur of statements of readiness. If the time or place designated by plaintiff for her medical examination,…