JOHNSON v. ST. LUKE'S HOSP. CTR.


85 A.D.2d 557 (1981)

Gerald Johnson, an Infant, by Helen Johnson, His Guardian ad Litem, et al., Respondents, v. St. Luke's Hospital Center et al., Appellants

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

December 15, 1981


On this record, a sufficient showing of special circumstances is advanced justifying Special Term's discretionary act in according plaintiffs priority of examination. However, the nonresident defendant physician, Dr. Gomez, is entitled to a protective order to the extent that examination proceed in the State where he resides to avoid undue hardship. Such examination may be oral or by means of written interrogatories. If plaintiff chooses, such examination may be held in New...

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