Hardter v. Semel

—Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: We modify Supreme Court’s order by granting that part of plaintiff’s motion seeking to compel a further examination before trial of the nonparty witness, Dr. David Tyler. Because Dr. Tyler attended to the post-operative care and treatment of plaintiff’s decedent during the absence of his partner, defendant Dr. Semel, Dr. Tyler can be examined not only with respect to the circumstances of his care and treatment, but also may be required to give expert opinion…