PATTERSON v. ST. FRANCIS CTR. AT THE KNOLLS, INC.


249 A.D.2d 457 (1998)

671 N.Y.S.2d 532

Scott Patterson et al., Respondents, v. St. Francis Center at the Knolls, Inc., et al., Appellants

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

April 20, 1998


Ordered that the order is affirmed, with costs.

In this personal injury action, the defendants served a subpoena on one of the injured plaintiff's treating physicians. The defendants' basis for deposing this treating physician was inconsistencies between his original operative note and an amended operative note. 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...

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