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PRINCIPALE v. LEWNER

187 Misc.2d 878 (2001)

724 N.Y.S.2d 575

MARY PRINCIPALE, Plaintiff, v. HARRY LEWNER, Defendant.

Supreme Court, Kings County.

March 29, 2001.

Attorney(s) appearing for the Case

L'Abbate, Balkan, Colavita & Contini, L. L. P., Garden City (Michael D. Kern of counsel), for defendant.

Oshman, Helfenstein, Bernstein, Mirisola & Schwartz, L. L. P., New York City (Thomas P. O'Malley of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD A. GOLDBERG, J.

Defendant Harry Lewner, D.D.S., moves for an order, pursuant to CPLR 3116 (e), suppressing the third portion of his deposition, which was taken on October 25, 1999.1

In response to defense counsel's request, plaintiff's attorney, in late April 2000, sent an original copy of the October 25, 1999 deposition transcript to defendant's attorney, who forwarded same to defendant on...

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