New York Court of Appeals, 1975

Wegman v. Wegman

Wegman v. Wegman
New York Court of Appeals · Decided November 19, 1975
37 N.Y.2d 940; 343 N.E.2d 288; 380 N.Y.S.2d 649; 1975 N.Y. LEXIS 2342

Wegman v. Wegman

Opinion of the Court

Memorandum. Since the defendant alleged in her counterclaim that she was suffering from certain specified ailments in addition to general poor health, her "physical condition” was "in controversy” within the meaning of CPLR 3121 and the plaintiff was entitled to request a physical examination. CPLR 3121 does not prohibit such examinations in matrimonial actions, and although we recognize the potential for abuse in these cases, the court’s broad discretionary power to grant a protective order "to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the courts” (CPLR 3103) should provide adequate safeguards.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.