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KAVANAGH v. OGDEN ALLIED MAINT. CORP.

92 N.Y.2d 952 (1998)

705 N.E.2d 1197

683 N.Y.S.2d 156

Johanna M. Kavanagh et al., Appellants, v. Ogden Allied Maintenance Corp., Respondent, et al., Defendant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided November 18, 1998.

Attorney(s) appearing for the Case

Mark E. Seitelman, New York City, for appellants.

Jones Hirsch Connors & Bull, New York City (Steven H. Kaplan of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Although the plain language of CPLR 3121 (a) authorizes physical or mental examinations "by a designated physician," and defendant's vocational rehabilitation expert was not a medical doctor, CPLR 3121 does not limit the scope of general discovery available, subject to the discretion...

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