Legal Opinion
Pauzar v. Children's Hospital of Buffalo
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1990PublishedCited by 1 opinion
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this medical malpractice action, Supreme Court did not abuse its discretion in ordering an open commission to take the testimony of Dr. Toyama, an out-of-State, nonparty witness (see, CPLR 3108; see also, Stanzione v Consumer Bldrs., 149 AD2d 682; Wynkoop v County of Nassau, 139 AD2d 731; Wiseman v American Motors Sales Corp., 103 AD2d 230). Nor did the court err in ordering that the expenses incurred in obtaining such testimony be shared equally among the…
2Cases cited6 opinions
- Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Board of Education of Northport-East v. AmbachAppellate Division of the Supreme Court of the State of New York · 1982
- MATTER OF BD. OF EDUC. OF NORTHPORT-E. NORTHPORT UNION FREE SCH. DIST. v. AmbachNew York Court of Appeals · 1983
- Stanzione v. Consumer Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Wynkoop v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by1 opinion
- JCS Controls, Inc. v. StaceyAppellate Division of the Supreme Court of the State of New York · 2008