FRANCK v. QUINONES

Order, Supreme Court, New York County, entered April 21, 1978, unanimously reversed, on the law and in the exercise of discretion, and defendants-respondents' motion for physical examination denied, without costs and without disbursements. Such permission was here granted one year and nine months after filing of the statement of readiness following notice of availability for the examination. Neither special circumstance nor adequate reason for the delay was shown. (See Price v Brody, 7 A.D.2d 204; Jacobs v Peress, 23 A.D.2d 483; Shairi v Muratori, 62 A.D.2d 947.)

Concur — Murphy, P.J., Lane, Markewich, Lynch and Sullivan, JJ.