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NESSELBUSH v. LOCKPORT ENERGY

169 Misc.2d 742 (1996)

647 N.Y.S.2d 436

Gerald Nesselbush et al., Plaintiffs, v. Lockport Energy Associates, L.P., Defendant and Third-Party Plaintiff. Nicholson & Hall Corp., Third-Party Defendant.

Supreme Court, Erie County.

August 27, 1996

Attorney(s) appearing for the Case

Goldstein & Associates (Steven R. Goldstein of counsel), for defendant and third-party plaintiff. Magner, Love & Morris, P. C. (William J. Love, Jr., of counsel), for plaintiffs. Dixon, DeMarie & Schoenborn, P. C. (Anthony DeMarie of counsel), for third-party defendant.

BARBARA HOWE, J.

Defendant, as part of its pretrial discovery requests in this personal injury litigation, has made a demand pursuant to CPLR 3101 (d) (1) (i) that plaintiff disclose expert information. Plaintiff resists disclosure insofar as any "subsequent treating physicians" are concerned.

CPLR 3101 (d) (1) (i) requires that, "[u]pon request, each party...

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