Miller v. Holtz House of Vehicles, Inc.

OPINION OF THE COURT

Francis A. Affronti, J.

A legally unique and unprecedented motion now comes before this court wherein the plaintiff, Bradley P. Miller, seeks to vacate the notice for his physical examination, because the physician designated to perform the exam has a history of inflicting pain during his examinations. Dr. Austin *728R Leve, a board-certified orthopedic surgeon, who is the defendant’s designated physician chosen to perform the examination, has an extensive resumé, including 33 years of experience in the Rochester medical community. He has also held teaching and staff positions…