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AMHERST MAGNETIC IMAGING ASSOCIATES, P. C. v. COMMUNITY BLUE, THE HMO OF BLUE CROSS OF WESTERN NEW YORK, INC.

262 A.D.2d 1082 (1999)

692 N.Y.S.2d 627

AMHERST MAGNETIC IMAGING ASSOCIATES, P. C., Respondent, v. COMMUNITY BLUE, THE HMO OF BLUE CROSS OF WESTERN NEW YORK, INC., et al., Appellants.

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

Decided June 18, 1999.

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

Memorandum:

In the absence of special, unusual or extraordinary circumstances, Supreme Court lacked discretion to order defendants to comply with plaintiff's demand for expert disclosure, served after the note of issue was filed (see, Melanson v Caggiano, 251 A.D.2d 1059; Gould v Marone,

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