KING v. STATE FARM MUT. AUTO. INS. CO.


198 A.D.2d 748 (1993)

604 N.Y.S.2d 302

Charlotte-Anne B. King, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent

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

November 24, 1993


Mahoney, J.

In this action against defendant to recover no-fault benefits, plaintiff issued a subpoena to depose the physician who performed an independent medical examination of her at defendant's request. Defendant moved to quash the subpoena, noting that plaintiff already had a copy of the physician's report and findings in her possession and arguing that no special circumstances existed to warrant the deposition. Supreme Court agreed with defendant...

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