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GORMAN, NAIM & MUSA v. ABJ FIRE PROT., INC.

195 A.D.2d 1062 (1993)

601 N.Y.S.2d 883

Gorman, Naim and Musa, M.D., P. C., et al., Appellants, v. ABJ Fire Protection, Inc., Respondent and Third-Party Plaintiff-Respondent. A. Zaborny Co., Inc., et al., Third-Party Defendants-Respondents; Diagnostic Therapeutic Associates, Third-Party Defendant-Appellant. (Action No. 1.) Norstar Bank of Upstate New York et al., Plaintiffs, v. Niagara Mohawk Power Corporation et al., Respondents, and Diagnostic Therapeutic Associates, Appellant A. Zaborny Co., Inc., et al., Third-Party Plaintiffs, v. Gorman, Naim and Musa, M.D., P. C., et al., Third-Party Defendants-Appellants. (Action No. 2.) (Appeal No. 1.)

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

July 16, 1993

Order unanimously affirmed with costs.

Memorandum:

Supreme Court's order directing a deposition of plaintiffs'-third-party defendants' expert limited to his factual observations was not an abuse of discretion under the special circumstances existing here (see, CPLR 3101 [d] [1] [iii]; Rosario v General Motors Corp., 148 A.D.2d 108; Morrison v Ellis,

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