100 A.D.2d 963 | N.Y. App. Div. | 1984
In a medical malpractice action, plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated May 31, 1983, as, (1) upon the motion of defendants Flatbush Medical Group, Lev and Solome, directed Marta Ponce to submit to a psychiatric examination by a physician designated by said defendants, and (2) upon the cross motion of defendants Anesthesiology Associates and Abel, directed Marta Ponce to submit to a neurological examination by a physician designated by said defendants. 11 Order, insofar as it directed Marta Ponce to submit to a psychiatric examination by a physician designated by defendants Flatbush Medical Group, Lev and Solome, affirmed, without costs or disbursements. I Order, insofar as it directed Marta Ponce to submit to a neurological examination by a physician designated by defendants Anesthesiology Associates and Abel, affirmed, without costs or disbursements, on condition that the attorneys for said defendants personally pay plaintiffs the sum of $1,500 within 20 days after service upon them of a copy of the order to be made hereon, with notice of entry. In the event the condition is not complied with, then the order is reversed, insofar as it permitted said neurological examination, with costs, and that part of the motion of defendants Anesthesiology Associates and Abel is denied. H The examinations shall proceed at times and places to be fixed in written notices of not less than 10 days, to be given by the
