JONES v. SHERPA


5 A.D.3d 634 (2004)

774 N.Y.S.2d 767

ERIC JONES et al., Respondents, v. GELBU P. SHERPA et al., Appellants.

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

March 22, 2004.


Ordered that the order is affirmed, with costs.

The plaintiffs' motion for leave to depose their own treating physician, Thomas A. Corcoran, is not in the nature of discovery, and thus, the general rule foreclosing discovery after the filing of a note of issue (see 22 NYCRR 202.21 [d]) does not apply (see Beliavskaia v Perkin, 227 A.D.2d 246 [1996]; Hill v Sheehan, 154 A.D.2d 912...

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