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SOAVE v. AIDES AT HOME

157 Misc.2d 686 (1993)

597 N.Y.S.2d 862

Davide Soave, as Executor of Lydia Soave, Deceased, et al., Plaintiffs, v. Aides at Home, Inc., et al., Defendants.

Supreme Court, Nassau County.

April 7, 1993

Attorney(s) appearing for the Case

Rossano Mose Hirschhorn & Corletto, Garden City, for David T. Zitner and another, defendants. Friedman, Altschul & Poepplein, Mineola, for plaintiffs. Furey, Furey, Lapping, De Maria & Schwarz, Hempstead, for Bhola Banik, defendant. Bower & Gardner, New York City, for Syosset Community Hospital, defendant. Michael Saunders, New York City, for William Sutro, defendant. Fiedelman & Hoefling, Jericho, for Aides At Home, Inc., and another, defendants. Keller, O'Reilly & Watson, Garden City, for Ronald W. Charles, defendant.

BERNARD F. McCAFFREY, J.

The issue presented in this matter involves whether, pursuant to the provisions of CPLR 3101 (d) (1) (i), a plaintiff in a wrongful death medical malpractice action may, by designating a privately retained examining pathologist as his "expert", insulate the examining physician's name and address from disclosure.

Plaintiff commenced the within medical malpractice action with...

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