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MARTINO v. LEE

2020-03627. Index No. 33910/17.

218 A.D.3d 766 (2023)

193 N.Y.S.3d 247

2023 NY Slip Op 03915

Anthony Martino et al., Appellants, v. Jae Ho Lee et al., Respondents.

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

Decided July 26, 2023.

Attorney(s) appearing for the Case

Scaffidi & Associates, New York, NY ( Anthony J. Scaffidi , Robert M. Marino , and Kevin B. Lynch of counsel), for appellants.

Voute Lohrfink McAndrew Meisner & Roberts, LLP, White Plains, NY ( Thomas K. Wittig of counsel), for respondents Jae Ho Lee and Northeastern Anesthesia Services, P.C.

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, New York, NY ( Samantha E. Quinn of counsel), for respondent Nyack Hospital.

Barros, J.P., Maltese, Dowling and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated April 29, 2020. The order, insofar as appealed from, (1) denied those branches of the plaintiffs' motion which were to compel the defendant Northeastern Anesthesia Services, P.C., to produce nonparty Roger Raichelson for a further deposition to answer certain questions and to compel the defendant...

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