Brandes v. North Shore University Hospital

In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated July 22, 2004, which granted the motion of the nonparty, Wayne R. Sebastiano, pursuant to CPLR 2304 and 3103, for a protective order quashing, vacating, and setting aside the plaintiffs notice of deposition and subpoena notice served upon him.

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…