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DONATO v. ELI LILLY & CO.

37 A.D.2d 817 (1971)

Samuel Donato, as Administrator of The Estate of Lois Donato, Deceased, et al., Appellants, v. Eli Lilly and Company, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 12, 1971

The action is for damages arising from the death of plaintiff's intestate alleged to have been caused by negligence and breach of warranty by respondent in its manufacture and marketing of a medicine. The demand for discovery is made pursuant to CPLR 3120 and section 660.11 of the Supreme Court Rules for New York and Bronx Counties (22 NYCRR 660.11). Paragraphs 1 and 2 of the demand call for the production of specified reports of physicians who neither examined nor treated...

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