Marshall v. Vyziak

—Appeal from an order of the Supreme Court, entered December 29, 1971 in Broome County, which denied plaintiffs’ motion for an order pursuant to 'CPLR 3122 vacating defendant’s notice calling for the physical examination of Ella Maye Marshall, one of the plaintiffs. Following an accident on October 17, 1969 in which said plaintiff allegedly received personal injuries, defendant’s representative contacted her to effect a settlement. At his request and prior to comencement of an action, she submitted to a physical examination by a doctor on November 13,1970. The disputed notice seeking a second…