Luxenberg v. Jericho Atrium Associates, Inc.

OPINION OF THE COURT

Bernard F. McCaffrey, J.

The underlying issue in this personal injury matter concerns *564whether in addition to physical examinations by an orthopedist, a neurologist and a psychiatrist, plaintiff Marcy Luxenberg who slipped and fell on ice in defendant’s parking lot must also submit to an “interview and examination”, pursuant to CPLR 3121, by a person not a physician, to wit, an occupational and rehabilitation therapist.

At the outset, defendant Jericho Atrium Associates, Inc. (hereinafter Jericho) contends that plaintiffs’ sole basis for objecting to this examination is that…