Korolyk v. Blagman

In Korolyk v. Blagman (89 AD2d 578 [2d Dept 1982]), defendant had arranged to have plaintiff examined by a physician in Delaware, which was where plaintiff resided. After the filing of the note of issue and only 2 1/2 months after the first examination, defendant moved to compel plaintiff to submit to an examination by a physician in Nassau County, where the action was pending. The Second Department affirmed the denial of the motion, pointing out that, when a physician is selected to perform an examination for purposes of litigation, there is a clear understanding and expectation that the physician will be available to testify on behalf of the party on whom the examination is conducted. The court also noted the concession of defense counsel that Delaware was not a far distant state and that the travel time was "not that great" (89 AD2d at 579).