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FORGAYS v. MEROLA

222 A.D.2d 1088 (1995)

636 N.Y.S.2d 509

Elizabeth Forgays, Individually and as Administratrix of The Estate of Jesse Forgays, Deceased, Appellant, v. A. John Merola et al., Respondents. (Appeal No. 2.)

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 the motion of plaintiff to renew her prior motion to compel defendant A. John Merola, M.D., to attend a further deposition and answer inquiries regarding the comparison of two electrocardiogram tests performed on plaintiff's decedent in January 1991. The questions did not relate solely to the negligence of another physician (see, Carvalho...

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