Woodarek v. Maron

—Appeal from an order of Supreme Court, Erie County (Mintz, J.), entered April 3, 2002, which, inter alia, denied plaintiffs’ cross motion seeking to compel the further deposition of defendant Barry Marón, M.D.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of plaintiffs’ cross motion seeking to compel the further deposition of defendant Barry Marón, M.D. and directing defendant Barry Marón, M.D. to appear for further deposition and as modified the order is affirmed without costs.

Memorandum: In appeal No. 1,…