Evens v. Denny's, Inc.

OPINION OF THE COURT

Vincent E. Doyle, J.

Motion by defendant for an order, pursuant to CPLR 3124 and 3121 compelling plaintiff to submit to specific tests including "blood work” to permit defendant’s examining physician to complete his physical examination of plaintiff Bedie Evens.

This litigation arises out of an accident which occurred on May 18, 1982 on a sidewalk outside of defendant’s restaurant. Basically, she sustained injuries to her right knee, right elbow, left shoulder and right ankle. Pursuant to notice, a physical examination of plaintiff was conducted by defendant’s examining…