Kelly v. Shafiroff

In a medical malpractice action, defendant Benjamin Shafiroff appeals from so much of an order of the Supreme Court, Kings County, dated May 29, 1980, as denied the branch of his motion which sought to compel the plaintiff’s wife, who is a nonparty witness, to appear for an examination before trial. Order reversed insofar as appealed from, with $50 costs and disbursements, the third decretal paragraph is deleted therefrom, and the aforesaid branch of appellant’s motion is granted. The examination shall proceed at a time and place to be fixed in a written notice of not less than 10 days, to be…