Under CPLR 3101 (d) (1) (iii), defendants must show "special circumstances" in support of their demand to depose plaintiff's psychologist, who will also be plaintiff's expert witness at trial, especially since her report has provided them with a clear idea of what the nature of her testimony will be, including her opinion as to the extent of plaintiff's psychological damages and her diagnosis (see, Weinberger v Lensclean Inc.,
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MELENDEZ v. ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK
277 A.D.2d 64 (2000)
717 N.Y.S.2d 518
ALVIN E. MELENDEZ et al., Respondents, v. ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided November 14, 2000.
Decided November 14, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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