Costin v. New York Telephone Co.

Order unanimously modified and plaintiff’s motion denied in accordance with memorandum, and otherwise affirmed, without costs. Memorandum: Defendant appeals from that part of an order of Special Term which granted plaintiff’s motion for a protective order against defendant’s notice to examine plaintiff before trial and vacated the notice. The order also reserved to defendant the right to arrange for a physical examination of the plaintiff. The action was brought to recover damages for personal injuries suffered by plaintiff when he was struck by one of defendant’s vehicles in Erie County.…