Ditroia v. Buck-Haskin

Although a defendant is entitled to conduct a physical examination of a plaintiff who puts his or her physical condition at issue in an action (see CPLR 3121 [a]; D’Adamo v Saint Dominic’s Home, 87 AD3d 966, 970 [2011]), a plaintiff may not be compelled to undergo medical testing procedures when it is established that the tests are invasive, painful, and harmful to the plaintiffs health (see D’Adamo v Saint Dominic’s Home, 87 AD3d at 970; Rosario v BNS Bldgs., LLC, 67 AD3d 984 [2009]; Bobka v Mann, 308 AD2d 497, 498 [2003]; Lapera v Shafron, 159 AD2d 614 [1990]). Here, the plaintiffs…