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SPANGLER v. BENEDICTINE HOSPITAL

286 A.D.2d 280 (2001)

729 N.Y.S.2d 888

GREGORY SPANGLER et al., Appellants, v. BENEDICTINE HOSPITAL et al., Respondents.

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

Decided August 23, 2001.

The motion court properly denied plaintiffs' motion for a protective order to vacate their prior counsel's consent to the deposition of 14 out-of-State witnesses, located in Massachusetts, Florida and Washington, D.C., since plaintiffs failed to demonstrate that counsel's consent to the depositions was vitiated by fraud, mistake, collusion or accident (see, Matter of Frutiger, 29 N.Y.2d 143, 150). Moreover, even if counsel had not...

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