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PADRO v. PFIZER, INC.

269 A.D.2d 129 (2000)

701 N.Y.S.2d 898

DIEGO PADRO, Appellant, et al., Plaintiff, v. PFIZER, INC., Respondent.

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

Decided February 1, 2000.

Contrary to the conclusion reached by Supreme Court, defendant failed to demonstrate special circumstances justifying a pretrial deposition of plaintiff's expert (CPLR 3101 [d] [1] [iii]). In this regard, neither the purported novelty of the opinion expressed in plaintiff's expert disclosure notice, nor the claimed flaws underlying the expert's opinion rise to the level of special circumstances (see, Hallahan v Ashland Chem. Co., 237 A.D.2d 697

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