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WHELAN v. MOUNT ST. MARY'S HOSP.

317 CA 19-00754.

181 A.D.3d 1327 (2020)

120 N.Y.S.3d 686

2020 NY Slip Op 02005

Patrick J. Whelan et al., Appellants, v. Mount St. Mary's Hospital of Niagara Falls et al., Respondents, et al., Defendants.

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

Decided March 20, 2020.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is granted.

Memorandum: Supreme Court erred in denying the motion of plaintiffs to compel defendant Timothy G. Dyster, M.D. to attend a further deposition and answer questions regarding the subsequent treatment of Patrick J. Whelan (plaintiff) at the Naples Community Hospital and Jackson Memorial Hospital. We agree with plaintiffs that Dr. Dyster may...

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