Orzech v. Smith

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered April 14, 2004. The order, insofar as appealed from, granted in part plaintiffs’ motion to compel discovery and denied in part the cross motion of defendants Brian Smith, M.D. and OB/GYN Associates of W.N.Y. for a protective order in a medical malpractice action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying those parts of the motion with respect to items 2, 3, 5 and 10 in *1151the notice for discovery and inspection attached as…