The statute provides that where a party's physical condition is in controversy, "any party may serve notice on another party to submit to a physical . . . examination by a designated physician." There is no statutory restriction on the number of medical examinations. However, a defendant seeking an additional medical examination must demonstrate that it is necessary. A plaintiff may challenge a defendant's choice of an examining physician based upon a claim of bias against the plaintiff or plaintiff's counsel, or prejudice against the plaintiff if the physician is allowed to testify at trial.
Abdelfattah v. Trevicano, NY Slip Op 02383 (2d Dep't April 13, 2022)
