Ordered that the order entered March 30, 2010, is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and, upon reargument, the order dated July 28, 2009, is vacated and the plaintiff's application to compel a deposition of Dr. Jeffrey Berger on behalf of the defendant Winthrop University Hospital is granted.
We agree with the plaintiff's contention that the Supreme Court improvidently exercised its discretion in denying...
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