APPLER v. RIVERVIEW OBSTETRICS & GYNECOLOGY, P.C.


9 A.D.3d 577 (2004)

780 N.Y.S.2d 188

GARY APPLER, an Infant, by ROSEMARY CULVER-APPLER, His Parent and Guardian, Respondent, v. RIVERVIEW OBSTETRICS & GYNECOLOGY, P.C., et al., Defendants, and GEORGE T.C. WAY, Appellant.

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

July 1, 2004.


CARPINELLO, J.

Plaintiff commenced this medical malpractice action against defendants in 1996 and, following joinder of issue, various discovery deadlines were established. Defendant George T.C. Way thereafter refused to be deposed, prompting plaintiff to move for an order compelling him to submit to an examination before trial. Way opposed such motion, contending that he suffers from Alzheimer's disease and "is both physically and mentally incapable of appearing...

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