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SAAR v. BROWN & ODABASHIAN

139 Misc.2d 328 (1988)

Anita H. Saar, as Administratrix of Elmer Hernits, Deceased, Plaintiff, v. Brown and Odabashian, P. C., et al., Defendants.

Supreme Court, Rensselaer County.

March 31, 1988

Attorney(s) appearing for the Case

Kouray & Kouray for plaintiff. Buckley & Mendelson for Brown and Odabashian, P. C., defendant. Carter, Conboy, Bardwell, Case & Blackmore for Harry C. Odabashian, Jr., defendant. Maynard, O'Connor & Smith for Albany Medical Center, defendant.

WILLIAM H. KENIRY, J.

In this medical malpractice action, the court is presented with a discovery issue with important ramifications arising out of the Legislature's amendments to CPLR 3101 (d) which were part of the Medical Malpractice Insurance-Comprehensive Reform Act enacted in 1985 (L 1985, ch 294, § 25). The plaintiff has served a notice for discovery and inspection upon the defendants Albany Medical...

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