Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: We modify Supreme Court's order by granting that part of plaintiff's motion seeking to compel a further examination before trial of the nonparty witness, Dr. David Tyler. Because Dr. Tyler attended to the post-operative care and treatment of plaintiff's decedent during the absence of his partner, defendant Dr. Semel, Dr. Tyler can be examined...
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