Sanly v. Nowak

Memorandum: Plaintiffs, as limited by their brief, appeal from an order denying their motion for a protective order with respect to defendants’ demand for a second physical examina*1341tion of Eileen Sanly (plaintiff) and that part of their motion for a protective order with respect to defendants’ demand for a second deposition of plaintiff. Both of defendants’ demands for such discovery were made more than one year after the note of issue was filed. We reverse the order insofar as appealed from. “It is well established that, ‘absent special, unusual or extraordinary circumstances spelled out…