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SCIARA v. SURGICAL ASSOC.

4659/10.

32 Misc.3d 904 (2011)

927 N.Y.S.2d 770

2011 NY Slip Op 21249

RENEE SCIARA et al., Individually and as Husband and Wife, Plaintiffs, v. SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C., et al., Defendants.

Supreme Court, Erie County.

Decided July 15, 2011.

Attorney(s) appearing for the Case

Brian P. Fitzgerald for plaintiffs.

Roach, Brown, McCarthy & Gruber, P.C. ( Joseph V. McCarthy of counsel), for defendants.

Fager & Amsler, LLP ( John P. Powers of counsel), for nonparty Usha Chopra.

OPINION OF THE COURT

JOHN M. CURRAN, J.

This is an action for medical malpractice. Plaintiff has sued the defendant physician and his professional corporation alleging that a laparoscopic surgery was negligently performed.

Plaintiff sought to depose a nonparty physician, Dr. Usha Chopra, as she was the pathologist who examined and reported on specimens removed during the subject surgery. Dr. Chopra...

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