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HILL v. SHEEHAN

154 A.D.2d 912 (1989)

Gay E. Hill et al., Appellants, v. Daniel L. Sheehan et al., Doing Business as Danny Sheehan's Steak House, Respondents

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

October 6, 1989

Order unanimously reversed on the law without costs and plaintiffs' motion granted, in accordance with the following memorandum:

Special Term abused its discretion in precluding plaintiff from deposing her physician, who had moved to California and was not available to testify at trial. The record establishes that plaintiff was not aware that her doctor had relocated his office until her attorney was preparing the case...

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