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CUETO v. WALGREEN EASTERN CO., INC.

63 A.D.3d 870 (2009)

880 N.Y.S.2d 526

LUIS CUETO, Respondent, v. WALGREEN EASTERN CO., INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 16, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this personal injury action after he allegedly was injured during an altercation with the individual defendants. We agree with the Supreme Court that the defendants are not entitled to conduct a psychiatric examination of the plaintiff. The defendants failed to meet their initial burden of showing that the plaintiff's mental condition is "in controversy" (CPLR 3121; see Dillenbeck v Hess,<...

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