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BROWNE v. HORBAR

6 Misc.3d 780 (2004)

792 N.Y.S.2d 314

TONIA BROWNE, Individually and as Executrix of DONALD K. BROWNE, Deceased, Plaintiff, v. GARY HORBAR, M.D., et al., Defendants.

Supreme Court, New York County.

November 17, 2004.

Attorney(s) appearing for the Case

McAloon & Friedman, P.C. (Laura R. Shapiro of counsel), for Eli F. Lizza, M.D., defendant.

Jaroslawicz & Jaros (Bradley A. Sacks of counsel), for plaintiff.

OPINION OF THE COURT

EILEEN BRANSTEN, J.

Defendant Eli F. Lizza, M.D. moves for an order granting defendants a qualified protective order permitting their attorneys to communicate with plaintiff's decedent's subsequent treating physician, Dr. Daniel Petrylak. Plaintiff — Tonia Browne, as executrix of Donald K. Browne, and Tonia Browne, individually — opposes the motion.

Background

In November 2001, Mrs. Browne commenced this...

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