FAZIO v. FEDERAL EXPRESS CORPORATION


272 A.D.2d 259 (2000)

708 N.Y.S.2d 71

MICHAEL FAZIO, Respondent, v. FEDERAL EXPRESS CORPORATION et al., Appellants.

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

Decided May 30, 2000.


In a personal injury action that is now limited to the issue of damages, defense witness Block conducted an independent medical examination of plaintiff, and also offered expert opinion as to the medical records compiled by plaintiff's physicians. Efforts were made, at Dr. Block's deposition, to impeach him for his alleged proclivity for appearing as a defense witness in such cases. The challenged subpoena seeks Dr. Block's financial records for the previous five years, ...

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