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FEDORCYZK v. NEW YORK UNIV.

95 A.D.2d 822 (1983)

Jerzy Fedorcyzk, Respondent, v. New York University, Appellant, et al., Defendants

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

June 20, 1983

Order reversed, with costs, and motion denied.

Where, as here, an expert's report prepared for purposes of litigation is devoid of any factual material which cannot be duplicated, that report is immune from disclosure pursuant to CPLR 3101 (subd [d]) (see Martinez v CPC Int., 88 A.D.2d 656). The case of Pataki v Kiseda (80 A.D.2d 100, mot for lv to app dsmd 54 N.Y.2d 831) is not...

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