Legal Opinion

King v. State Farm Mutual Automobile Insurance

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 1993PublishedCited by 18 opinions

1Opinion of the CourtMahoney, J.

Appeal from an order of the Supreme Court (Brown, J.), entered October 27, 1992 in Saratoga County, which granted defendant’s motion to quash a subpoena to depose a nonparty witness.

In this action against defendant to recover no-fault benefits, plaintiff issued a subpoena to depose the physician who performed an independent medical examination of her at defendant’s request. Defendant moved to quash the subpoena, noting that plaintiff already had a copy of the physician’s report and findings in her possession and arguing that no special circumstances existed to warrant the deposition. Supreme…

2Cases cited3 opinions

  1. Cirale v. 80 Pine Street Corp.New York Court of Appeals · 1974
  2. Brady v. Ottaway Newspapers, Inc.New York Court of Appeals · 1984
  3. Dioguardi v. St. John's Riverside HospitalAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by18 opinions

  1. Kooper v. KooperAppellate Division of the Supreme Court of the State of New York · 2010
  2. Parnes v. ParnesAppellate Division of the Supreme Court of the State of New York · 2011
  3. Kephart v. BurkeAppellate Division of the Supreme Court of the State of New York · 2003
  4. Cerasaro v. CerasaroAppellate Division of the Supreme Court of the State of New York · 2004
  5. Troy Sand & Gravel Co. v. Town of NassauAppellate Division of the Supreme Court of the State of New York · 2010

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