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MICHALAK v. VENTICINQUE

222 A.D.2d 1060 (1995)

635 N.Y.S.2d 875

Deborah Michalak, Individually and as Parent and Natural Guardian of Rachal Michalak, an Infant, Appellant, v. Herbert Venticinque, Defendant, and Edward Pyc et al., Respondents

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

December 22, 1995

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying plaintiff's motion for a protective order precluding the deposition of Dr. Bartz (see, CPLR 3103). "[A] defendant in a personal injury action may [not], as of right, depose any and all physicians who are shown to have treated the injuries claimed by the plaintiff" (Dioguardi v St. John's Riverside Hosp., 144 A.D...

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