Opinion
December 5, 1988
Appeal from the Supreme Court, Kings County (Cohen, J.).
Ordered that the order is reversed insofar as appealed from, with costs, and the motion is granted to the extent that the plaintiff is directed to submit to a physical examination, which shall include the taking of X rays, at a time and place and by a physician, to be designated by the appellant in a written notice of not less than 10 days, or at such other time and place as the parties may agree.
In light of the circumstances at bar, wherein the appellant seeks to take X rays in connection with its physical examination of the plaintiff, a well-established right, the examination must be conducted in a physician's office (see, Deeley v Leo's Den, 126 A.D.2d 698; Captain v Kobak, 95 A.D.2d 766). There is no indication in the record that such X rays might be dangerous or harmful to the plaintiff (Captain v Kobak, supra; Castrillon v City of New York, 91 A.D.2d 986). Mollen, P.J., Brown, Kunzeman, Weinstein and Kooper, JJ., concur.