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SPANO v. GELLER

145 A.D.2d 623 (1988)

Clara Spano, Respondent, v. Alan Geller et al., Appellants, et al., Defendants

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

December 30, 1988

Ordered that the order is affirmed, with costs.

The Supreme Court properly vacated the deposition notice and subpoena served on Dr. Cilento, a nonparty witness, by the defendants Geller and Primis. Dr. Cilento became the plaintiff's treating physician after she came to him suffering from an extreme case of Cushing's disease, allegedly caused by the defendants' improper prescription of a certain cortisone drug. Since Dr. Cilento is expected to testify at trial as the...

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