Moore v. Wheels, Inc.

—Order of the Supreme Court, Bronx County (Bertram Katz, J.), entered July 17, 1989, which denied defendant’s motion for an order directing the plaintiff to submit to a further physical examination before trial, unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion is granted, without costs.

Almost 8 Vi years after this personal injury action was commenced, the plaintiff alleged for the first time that he had sustained a herniated disc in his lumbar region in the accident giving rise to this lawsuit. Some two years after this allegation was made, at a…