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FUSFELD v. NOVOGRODER

97 A.D.2d 729 (1983)

Gary Fusfeld, an Infant, by His Father and Natural Guardian, Michael Fusfeld, Appellant, v. Michael Novogroder et al., Defendants, and David Holtzman et al., Respondents

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

November 22, 1983

In this medical malpractice action, the infant plaintiff seeks to depose two physician defendants, one now resident in California and the other in Israel. In the circumstances herein indicated, Special Term did not abuse its discretion (CPLR 3103). However, in view of plaintiff's offer to travel to California and Israel in order to conduct the depositions, we think it appropriate to afford plaintiff that additional...

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