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BIRRO v. PORT AUTH. OF N.Y. & N.J.

10740N, 156590/16E.

179 A.D.3d 434 (2020)

113 N.Y.S.3d 545

2020 NY Slip Op 00073

Joseph Birro, Jr., Respondent, v. Port Authority of New York and New Jersey et al., Appellants.

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

Decided January 7, 2020.

The court exercised its discretion in a provident manner in denying defendants' motion for leave to depose two physicians, one who treated plaintiff for prior injuries, and another who treated plaintiff following the accident at issue. Defendants failed to show that plaintiff's statements as recorded by the physicians conflicted with his deposition testimony (compare Schroder v Consolidated Edison Co. of N.Y., 249 A.D.2d 69, 70-71...

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