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ZARATE v. MOUNT SINAI HOSP.

142 Misc.2d 426 (1989)

Lilia D. Zarate, Plaintiff, v. Mount Sinai Hospital, Defendant and Third-Party Plaintiff. Otis Elevator Company, Third-Party Defendant and Fourth-Party Plaintiff; Marcato Elevator Company, Fourth-Party Defendant.

Supreme Court, New York County.

January 18, 1989

Attorney(s) appearing for the Case

Killarney Fabiani & Brody (Joan Ellsworth of counsel), for defendant and third-party plaintiff. Lian, Geringer & Dolan for third-party defendant and fourth-party plaintiff. Robert H. Deaderick, Jr., for plaintiff. Garbarini & Sher (Robert Standurf of counsel), for fourth-party defendant.

HAROLD BAER, JR., J.

Upon oral argument held on January 13, 1989, defendant and third-party plaintiff Mount Sinai Hospital (Mt. Sinai) seeks an order compelling third-party defendant and fourth-party plaintiff Otis Elevator Company (Otis) to produce examination before trial (EBT) transcripts of one or more employees of Mt. Sinai given in other actions involving Otis. Mt. Sinai's application is made pursuant to CPLR 3101 (e) on the ground that the EBTs...

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