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KWANT v. COLEMAN

159 A.D.2d 274 (1990)

Kristofer Kwant, an Infant, by His Mother and Natural Guardian, Mary A. Kwant, et al., Respondents, v. D. Jackson Coleman et al., Appellants, et al., Defendant

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

March 13, 1990

In this medical malpractice action involving a plaintiff who was five years old at the time of the injury, the court originally ordered plaintiff's counsel to turn over notes in the possession of plaintiff's physician, a nonparty witness, existence of which had been ascertained at an examination before trial, by a date three weeks hence. When the notes were not timely turned over to defendants, the court precluded the physician...

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