Wynkoop v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a medical malpractice action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), entered December 23, 1985, which denied his motion for leave to depose a nonparty witness Dr. Gordon Leftenant upon open commission pursuant to CPLR 3108.
Ordered that the order is reversed, with costs, the plaintiff’s motion for leave to examine Dr. Gordon Leftenant by open commission pursuant to CPLR 3108 is granted, and the matter is remitted to the Supreme Court, Nassau County, for the purpose of issuing an open commission to a…
2Cases cited2 opinions
- Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Wilson v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1976
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- Donahue v. Nassau County Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2005
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- Stanzione v. Consumer Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Goldblatt v. Avis Rent A Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Kelleher v. MazzaroAppellate Division of the Supreme Court of the State of New York · 1991
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