Thompson v. Swiantek

—Appeal from an order of Supreme Court, Niagara County (Fricano, J.), entered June 11, 2001, which denied plaintiffs’ motion for a protective order.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Memorandum: Supreme Court erred in denying plaintiffs’ motion for a protective order pursuant to CPLR 3103 (a) in this medical malpractice action and in ordering plaintiffs to provide a further response to the demand of Philip A. Swiantek, M.D. and Philip A. Swiantek, M.D., P.C. (defendants) for…