Constantine v. Diello

—■ Order unanimously reversed, with costs, and motion denied, without costs. Memorandum: Plaintiff appeals from a Special Term order which vacated her notice for an eye examination of defendant Diello. Such an examination may be permitted only if it appears that the eye condition is in controversy in the action. (CPLR 3121, subd. [a].) The action is brought to recover damages resulting from the wrongful death of plaintiff’s intestate, which was caused by her collision with a motor vehicle being operated by said defendant along a public highway across which she was walking or running. In a…