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WYNKOOP v. NASSAU

139 A.D.2d 731 (1988)

Roger A. Wynkoop, Also Known as David R. A. Wynkoop, Appellant, v. County of Nassau et al., Respondents

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

April 25, 1988

Ordered that the order is reversed, with costs, the plaintiff's motion for leave to examine Dr. Gordon Leftenant by open commission pursuant to CPLR 3108 is granted, and the matter is remitted to the Supreme Court, Nassau County, for the purpose of issuing an open commission to a person before whom depositions may be taken in accordance with CPLR 3113.

In this medical malpractice action, the plaintiff sought to depose a Dr. Gordon Leftenant who had apparently treated...

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