SMITH v. MANNING


277 A.D.2d 1004 (2000)

716 N.Y.S.2d 844

PAULA R. SMITH et al., Appellants, v. STEVEN MANNING et al., Defendants, and BOULEVARD PRODUCE, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted that part of the motion of defendant Boulevard Produce, Inc. seeking to compel Paula R. Smith (plaintiff) to submit to an examination by a nonphysician vocational rehabilitation specialist. Although CPLR 3121 (a) authorizes physical or mental examinations by a designated physician, that statute "does not limit the scope of general discovery available, subject to the discretion...

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