CAPATI v. CRUNCH FITNESS INTERNATIONAL, INC.


295 A.D.2d 181 (2002)

743 N.Y.S.2d 474

ANNE M. CAPATI, Deceased, by DOUGLAS HANSON, Individually and as Administrator of Her Estate, et al., Respondents, v. CRUNCH FITNESS INTERNATIONAL, INC., et al., Defendants, and SPORTPHARMA USA, INC., Appellant.

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

Decided June 13, 2002.


Defendant-appellant manufactures a dietary supplement that plaintiff's decedent allegedly had been taking at the time of her sudden death, which plaintiff attributes in part to one of the supplement's ingredients. No autopsy was performed, and the cause of death is not established by the records of decedent's medical treatment or by her death certificate. Under these circumstances, the subpoenas defendant-appellant issued for the depositions of three nonparty physicians who...

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