BRANDES v. NORTH SHORE UNIVERSITY HOSPITAL


22 A.D.3d 779 (2005)

803 N.Y.S.2d 203

PAMELA BRANDES, Appellant, v. NORTH SHORE UNIVERSITY HOSPITAL et al., Defendants. WAYNE R. SEBASTIANO, Nonparty Respondent.

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

October 31, 2005.


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

An affidavit showing unusual or unanticipated circumstances justifying a departure from the general rule foreclosing discovery after the filing of a note of issue (see 22 NYCRR 202.21 [d]) was not required here since the relief sought, deposition of a nonparty treating physician of the plaintiff's decedent, was not in the nature of discovery (see CPLR 3101 [d] [1] ...

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