Hill v. Sheehan

Order unanimously reversed on the law without costs and plaintiffs’ motion granted, in accordance with the following memorandum: Special Term abused its discretion in *913precluding plaintiff from. deposing her physician, who had moved to California and was not available to testify at trial. The record establishes that plaintiff was not aware that her doctor had relocated his office until her attorney was preparing the case for trial. CPLR 3117 (a) (4) authorizes any party to use the deposition of a medical doctor without the necessity of showing special circumstances. Plaintiff’s application to…