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Murphy v. Macarthur Holding B. Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 507 (N.Y. App. Div. 2000)

Opinion

Submitted January 12, 2000

February 24, 2000

In a negligence action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Golia, J.), dated May 27, 1999, which granted the plaintiff's motion to quash two subpoenas issued to the plaintiff's treating physicians.

Perez Furey, Uniondale, N.Y. (Joseph Varvaro of counsel), for appellants.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The appellants failed to establish that special circumstances warranted the deposition testimonies of two of the plaintiff's treating physicians (see, Dioguardi v. St. John's Riverside Hosp., 144 A.D.2d 333 ) or that the medical records provided by these treating physicians were insufficient to enable the appellants to prepare properly for trial (see, Bunkley v. Penske Truck Leasing Corp., 237 A.D.2d 399 ; Ferrer v. Horvath, 143 A.D.2d 627 ). Moreover, there is nothing in the record to indicate that the discovery being sought, an admission by the plaintiff to these physicians as to the cause of her accident, is based on anything more than speculation (see, Greenberg v. McLaughlin, 242 A.D.2d 603 ; European Am. Bank v. Competition Motors, 186 A.D.2d 784 ; see also, Auerbach v. Bennett, 47 N.Y.2d 619, 636 ).


Summaries of

Murphy v. Macarthur Holding B. Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 507 (N.Y. App. Div. 2000)
Case details for

Murphy v. Macarthur Holding B. Inc.

Case Details

Full title:VERONICA MURPHY, respondent, v. MACARTHUR HOLDING B. INC., et al.…

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

Date published: Feb 24, 2000

Citations

269 A.D.2d 507 (N.Y. App. Div. 2000)
703 N.Y.S.2d 742

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