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HOROWITZ v. UPJOHN CO.

149 A.D.2d 467 (1989)

Robin S. Horowitz, an Infant, by Her Father and Natural Guardian, Martin Horowitz, et al., Appellants, v. Upjohn Company et al., Defendants. Charles B. Edinger, M.D., Nonparty Respondent

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

April 10, 1989

Ordered that on the court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Harwood, and leave to appeal is granted by Justice Harwood (CPLR 5701 [b] [1]); and it is further,

Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, to rule on objections to questions propounded at the continued examination...

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