Strauss v. New York Ethical Culture Society

—-Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about July 15, 1993, which denied defendant’s motion to strike the action from the calendar unless plaintiff submits to an orthopedic examination, unanimously affirmed, without costs.

The IAS Court did not abuse its discretion in refusing to direct plaintiff to submit to a second physical examination by a doctor of defendant’s choosing, this time an orthopedist. That defendant, a year after its physical, examination of plaintiff by a plastic surgeon, became dissatisfied with its doctor’s ability to report on the full…