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JOSEPHSON v. COHEN

57 A.D.2d 943 (1977)

Jean C. Josephson, Respondent, v. Michael Cohen et al., Defendants, and Denah Harris, Appellant

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

May 31, 1977

Order affirmed, without costs or disbursements.

Although this complaint is couched in terms of breach of contract, we agree with Special Term that it is, in essence, one involving medical malpractice. As such, it falls within the express language of CPLR 3130, which exempts, inter alia, personal injury actions founded in negligence from those actions in which interrogatories are permitted (see Allen v Minskoff, 46 A.D.2d 918

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