Smith v. Manning

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted that part of the motion of defendant Boulevard Produce, Inc. seeking to compel Paula R. Smith (plaintiff) to submit to an examination by a nonphysician vocational rehabilitation specialist. Although CPLR 3121 (a) authorizes physical or mental examinations by a designated physician, that statute “does not limit the scope of general discovery available, subject to the discretion of the trial court, under CPLR 3101,” and the directives in CPLR 3121 (a) concerning the procedures for obtaining such examinations…