Ricci v. Memorial Hospital

209 A.D.2d 786, 618 N.Y.S.2d 589, 1994 N.Y. App. Div. LEXIS 10844

Opinion

White, J.

Appeal from an order of Supreme Court (Kahn, J.), entered February 14, 1994 in Albany County, which, inter alia, granted plaintiffs’ motion for a protective order.

Control of disclosure is within the sphere of the trial court’s broad discretionary power and, absent abuse, should not be disturbed (see, Dunlap v United Health Servs., 189 AD2d 1072; Soper v Wilkinson Match [USA], 176 AD2d 1025). Applying this principle here, we affirm since we agree with Supreme Court that defendant did not establish the necessity for a second physical examination and, more particularly, a psychiatric examination of plaintiff Shirleen A. Ricci.

Cardona, P. J., Mikoll, Mercure and Casey, JJ., concur. Ordered that the order is affirmed, with costs.