Magnus Drugs, Inc. v. City of New York

In an action to recover the balance allegedly due for pharmaceuticals and medical supplies provided to alleged Medicaid eligibles under the New York City Medical Assistance Program, defendant appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated November 18, 1983, which denied (1) its motion for (a) a preclusion order and (b) summary judgment and (2) its motion to vacate plaintiff’s notice to produce.

Order modified by (1) granting that branch of defendant’s motion which was for an order prohibiting plaintiff from adducing evidence concerning the matters set forth in…