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SHEFER v. TEPPER

1872N, 20102/07

73 A.D.3d 447 (2010)

899 N.Y.S.2d 610

GAL SHEFER et al., Respondents, v. ALEX STEWART TEPPER, M.D., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 6, 2010.

The motion court incorrectly interpreted the Court of Appeals' decision in Arons v Jutkowitz (9 N.Y.3d 393 [2007]) as permitting ex parte interviews of a plaintiff's health care providers by defense counsel only after a note of issue was filed. To the contrary, the Court of Appeals expressly rejected the longstanding practice of proscribing such interviews only after the note of issue was filed, and otherwise made it clear that the...

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