Strauss v. New York Ethical Culture Society

Full title: BETHANY STRAUSS et al., Respondents, v. NEW YORK ETHICAL CULTURE SOCIETY…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 15, 1994

210 A.D.2d 134 (N.Y. App. Div. 1994)

620 N.Y.S.2d 51

Opinion

December 15, 1994

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).

The IAS Court did not abuse its discretion in refusing to direct plaintiff to submit to a second physical examination by a doctor of defendant's choosing, this time an orthopedist. That defendant, a year after its physical examination of plaintiff by a plastic surgeon, became dissatisfied with its doctor's ability to report on the full range of injuries alleged by plaintiff does not warrant such relief, where no new or additional injuries are claimed (DiMare v Mace Assocs., 178 A.D.2d 196), no showing is made that the first doctor was unqualified to render an orthopedic evaluation (cf., Rouen v Chrysler Credit Corp., 145 A.D.2d 381), and no other special circumstances have been shown.

Concur — Rosenberger, J.P., Kupferman, Ross and Williams, JJ.