January 19, 2023

CPLR 3121.

The commencement of a personal injury action affirmatively puts the plaintiff's physical and/or mental condition in controversy, and, pursuant to the statute, the defendant may require the plaintiff to submit to an independent medical examination.

Pettinato v. EQR-Rivertower, LLC, NY Slip Op 00068 (1st Dep't January 10, 2023)

Here is the decision.