Whipple v. Myers

—Mikoll, J. P.

Appeal from an order of the Supreme Court (Torraca, J.), entered July 27, 1995 in Sullivan County, which denied a motion by defendant Edward A. Myers, D.D.S., P. C. for a protective order vacating the notice of physical examination served by third-party defendant.

Plaintiff Rebecca Whipple commenced this dental malpractice action against defendants, Gunther B. Goldsmith and Edward A. Myers, D.D.S., P. C., as a result of the negligent extraction of a tooth of her daughter, plaintiff Ali Whipple (hereinafter Whipple). Defendants, in turn, commenced a third-party action against…