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Brandes v. North Shore University Hospital10/31/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
BARRY A. COZIER, J.P., DAVID S. RITTER, ROBERT A. SPOLZINO and ROBERT J. LUNN, JJ.
DECISION & ORDER
(Index No. 5965/97)
ORDERED that the order is reversed, on the law, with costs, and the motion is denied.
An affidavit showing unusual or unanticipated circumstances justifying a departure from the general rule foreclosing discovery after the filing of a note of issue (see 22 NYCRR 202.21 ) was not required here since the relief sought, deposition of a nonparty treating physician of the plaintiff's decedent, was not in the nature of discovery (see CPLR 3101 ; Jones v Sherpa, 5 AD3d 634; Beliavskaia v Perkin, 227 AD2d 246; Hill v Sheehan, 154 AD2d 912). Therefore, the Supreme Court erred in granting the motion for a protective order.
The plaintiff's remaining contention is academic in light of our determination.
COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.
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