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ORTIZ v. RIVERA

193 A.D.2d 440 (1993)

597 N.Y.S.2d 326

Aquilina Ortiz, Individually and as Administratrix of The Estate of Fabian Oritz, Also Known as Fabian Ortiz, Respondent, v. Julio Rivera, Appellant

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

May 11, 1993

The court properly determined that the proposed deposition regarding the collateral issue of the copying of decedent's medical record by plaintiff's daughter while an employee of defendant was not relevant, necessary or material to the litigation (see, Stephen-Leedom Carpet Co. v Arkwright-Boston Mfrs. Mut. Ins. Co., 101 A.D.2d 574, lv dismissed 64 N.Y.2d 754). Further, as...

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