Jones v. Sherpa

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated September 22, 2003, which granted the plaintiffs’ motion for leave to depose a nonparty witness, Thomas A. Corcoran, by videotape and stenographic record, to be used in lieu of his testimony at trial.

Ordered that the order is affirmed, with costs.

The plaintiffs’ motion for leave to depose their own treating physician, Thomas A. Corcoran, is not in the nature of discovery, and thus, the general rule foreclosing discovery after the filing of a…