Deeley v. Leo's Den, Inc.

In an action, inter alia, to recover damages for assault, the defendant John Giordano appeals from an order of the Supreme Court, Nassau County (Kelly, J.), dated September 17, 1985, which denied his motion to compel the plaintiff to submit to a physical examination at the office of the appellant’s doctor.

Ordered that the order is reversed, with costs, and the motion is granted to the extent that plaintiff is directed to submit to a physical examination at a time and place, and by a physician, to be designated by the appellant in a written notice of not less than 10 days, or at such other…