Opinion
June 28, 1994
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
The IAS Court did not abuse its discretion in refusing to compel a physical examination of plaintiff where defendant failed to comply with 22 NYCRR 202.17 by objecting or otherwise timely responding to plaintiff's notice of availability for physical examination, which was served together with various medical and hospital reports and authorizations that defendant had demanded (see, Becker v. Chmura, 139 A.D.2d 826), and did not seek such physical examination until after plaintiff had filed a note of issue, approximately a year and a half after the notice of availability (compare, De Chiaro v. Rendell, 95 A.D.2d 792).
Concur — Ellerin, J.P., Kupferman, Rubin and Nardelli, JJ.