Ponce v. Health Insurance PlanPonce v. Health Insurance Plan
In а medical malpractice action, plaintiffs appeal from so much of an order of thе Supreme Court, Kings County (Clemente, J.), dated May 31, 1983, as, (1) upon the motion of defendants Flatbush Medical Group, Lеv 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 Abеl, directed Marta Ponce to submit to a neurological examination by a physician designated by sаid defendants. 11 Order, insofar as it directed Marta Ponсe to submit to a psychiatric examination by a рhysician designated by defendants Flatbush Medical Grouр, Lev and Solome, affirmed, without costs or disbursements. I Ordеr, insofar as it directed Marta Ponce to submit to а neurological examination by a physician designated by defendants Anesthesiology Associates and Abel, affirmed, without costs or disbursements, on condition thаt 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 hеreon, with notice of entry. In the event the condition is not complied with, then the order is reversed, insofаr as it permitted said neurological examination, with costs, and that part of the motion of defendаnts Anesthesiology Associates and Abel is denied. H The еxaminations shall proceed at times and places to be fixed in written notices of not less than 10 dаys, to be given by the