Spano v. Geller

— In a medical malpractice action, the defendants Geller and Primis appeal from an order of the Supreme Court, Nassau County (DiPaola, J.), entered July 13, 1987, which granted the plaintiff’s motion to vacate a judicial subpoena duces tecum and notice to take a deposition served upon a nonparty witness.

Ordered that the order is affirmed, with costs.

The Supreme Court properly vacated the deposition notice and subpoena served on Dr. Cilento, a nonparty witness, by the defendants Geller and Primis. Dr. Cilento became the plaintiff’s treating physician after she came to him suffering from an…