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KLEESCHULTE v. BLAIR

06-1903.

2008 NY Slip Op 51344 (U)

DOUGLAS KLEESCHULTE and ANNE KLEESCHULTE, Plaintiffs, v. JOHN A. BLAIR, III, M.D. and HUDSON VALLEY SURGICAL ASSOCIATES, P.C., Defendants.

Supreme Court of the State of New York, Ulster County.

Decided May 21, 2008.

Attorney(s) appearing for the Case

BASCH & KEEGAN, LLP, (Derek J. Spada, Esq., of Counsel), Kingston, New York, Attorneys for Plaintiffs.

THUILLEZ, FORD, GOLD, JOHNSON & BUTLER, (Lauren M. Snyder, Esq. of Counsel), Albany, New York, Attorneys for Defendants.

MICHAEL C. LYNCH, J.

By Order to Show Cause (Lynch, J.) returnable April 4, 2008 defendants seek an order pursuant to CPLR 3126 dismissing the complaint or, alternatively, precluding plaintiff from calling his treating physicians as witnesses, together with sanctions. By Notice of Cross Motion dated March 31, 2008 plaintiff opposes the motion and seeks costs.

After the filing of a Note of Issue on December 3, 2007, defendants demanded and received medical...

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