Spann v. Ellis

In a negligence action to recover damages for personal injuries, the defendant Philippe N. Ellis appeals from an order of the Supreme Court, Richmond County (Amann, J.), dated April 3, 1986, which, inter alia, denied his motion to compel the plaintiff to submit to a further physical examination.

Ordered that the order is reversed, with costs, and the motion is granted. The examination shall be held at a time and place to be specified in a notice of not less than 10 days to be given by the defendant Ellis to the plaintiff.

On this record, in view of the additional injury to the lower back…