The background of this appeal involves two previous orders, and resolution of the appeal, as noted in the dissenting opinion depends on interpretation of the first such order. That first order followed the provisions for exchange of medical information outlined in 22 NYCRR 660.11(b). The subsequent orders of Justices Spiegel and Di Fede also followed the same outline. The medical reports involved in this appeal are of a doctor who will not testify at the trial. Accordingly...
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