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WEINBERGER v. LENSCLEAN INC.

198 A.D.2d 58 (1993)

603 N.Y.S.2d 148

Royal Weinberger, Plaintiff, v. Lensclean Incorporated et al., Defendants and Third-Party Plaintiffs-Respondents. Aetna Casualty and Surety Company, Third-Party Defendant-Appellant Royal Weinberger, Respondent, v. Lensclean Incorporated et al., Appellants. (And a Third-Party Action.)

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

November 9, 1993

The IAS Court properly denied defendants' motion to depose plaintiff's psychiatrist. In this case, the psychiatric report submitted by plaintiff's treating physician is sufficient to meet the requisites of CPLR 3101 (d) (1) by providing a clear idea of the nature of the testimony, as well as some basis for the diagnosis. In addition, defendants have failed to demonstrate any "special circumstances" which would support their request...

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