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DORATO v. SCHILP

130 A.D.2d 348 (1987)

Gary Dorato, Respondent, v. Arthur Schilp et al., Appellants, et al., Defendants

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

October 15, 1987

Attorney(s) appearing for the Case

Smith, Sovik, Kendrick, Schwarzer & Sugnet (Donald P. Colella of counsel), for appellants.

Rappoport, Meyers, Griffen & Whitbeck (Jason L. Shaw of counsel), for respondent.

MAIN, J. P., WEISS, YESAWICH, JR., and LEVINE, JJ., concur.

CASEY, J.

Defendants Arthur Schilp and Divya Swaroop (hereinafter defendants) in this medical malpractice action seek copies of the reports of physicians who were retained by plaintiff as experts and prepared the reports for litigation. Plaintiff contends that pursuant to CPLR 3101 (former [d]) (see, Wallace v Benedictine Hosp., 124 A.D.2d 433, 434), the reports...

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