Ordered that the order is reversed, on the law, with costs, and the motion is denied.
Discovery with respect to a party's mental or physical condition is permitted only when that party's mental or physical condition has been placed in controversy (see CPLR 3121). Such a situation may arise where a defendant affirmatively asserts the condition either by way of a counterclaim or to excuse the conduct complained of by the plaintiff (see Koump v Smith, ...
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