HUMPHREY v. Vaul Trust, et al., Defendants-Respondents. (2008)

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about February 11, 2008, which granted defendants' motion to compel plaintiff to appear for a supplemental independent medical examination to consist of urodynamic testing, unanimously affirmed, without costs.

Plaintiff, who voluntarily underwent urodynamic studies by her own physician without adverse effects, failed to make a prima facie showing that a repeat urodynamic study would pose a serious threat to her health (see Chavoustie v. New York Hosp.-Cornell Med. Ctr., 253 A.D.2d 702, 677 N.Y.S.2d 572 [1998], lv. denied 93 N.Y.2d 805, 689 N.Y.S.2d 429, 711 N.E.2d 643 [1999] ).   Her doctor's conclusory assertion that a repeat procedure was “contraindicated” because it would cause discomfort and could cause infection or exacerbate her condition was insufficient to constitute such a showing (see Thomas v. Mather Mem. Hosp., 162 A.D.2d 521, 523, 556 N.Y.S.2d 720 [1990] ).