Courtney v. Olsen

In this personal injury negligence action defendant moves for a protective order to the extent of vacating plaintiffs’ notice that defendant submit to a physical examination pursuant to CPLR 3121. This motion is granted in the exercise of discretion even though the present application was made more than five days after the service of the notice, since this motion may be one of first impression in this court.

No pleadings have been presented to the court nor has a sufficient factual showing been made in the papers to indicate that defendant’s physical condition is in controversy in this case.…