Fiore v. Bay Ridge Sanitarium, Inc.

The moving. defendants, Bay Bidge Sanitarium, Inc. and “Mary” Pratt, seek an order pursuant to CPLB 3124 to compel plaintiff to submit to a physical examination before a designated doctor; (b) to direct plaintiff to comply with the other provisions contained in the annexed notice; (c) that upon plaintiff’s noncompliance with the court’s mandate, her complaint, as to movants, be ordered stricken.

The action is to recover damages for alleged injuries resulting from the malpractice of the defendants.

The moving papers uncontrovertedly show that on July 28, 1965 defendants, pursuant to CPLB 3121,…