Capati v. Crunch Fitness International, Inc.

—Order, Supreme Court, New York County (Edward Lehner, J.), entered August 20, 2001, which granted plaintiffs motion to quash defendant-appellant’s subpoenas to take the depositions of three nonparty treating physicians, reversed, on the law, without costs, and the motion denied.

Defendant-appellant manufactures a dietary supplement that plaintiffs decedent allegedly had been taking at the time of her sudden death, which plaintiff attributes in part to one of the supplement’s ingredients. No autopsy was performed, and the cause of death is not established by the records of decedent’s medical…