Legal Opinion
Lanzello v. Lakritz
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 2001PublishedCited by 8 opinions
1Opinion of the Court
—In an action to recover damages for wrongful death, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Carter, J.), dated March 30, 2001, as granted the plaintiffs motion for a protective order quashing a nonparty subpoena served upon the treating physician of the plaintiffs decedent.
Ordered that the order is affirmed insofar as appealed from, with costs.
A party seeking discovery from a nonparty witness must show special circumstances (see, Dioguardi v St. John’s Riverside Hosp., 144 AD2d 333, 334). The existence of such special circumstances is not…
2Cases cited4 opinions
- Dioguardi v. St. John's Riverside HospitalAppellate Division of the Supreme Court of the State of New York · 1988
- Anderson v. KamalianAppellate Division of the Supreme Court of the State of New York · 1996
- Patterson v. St. Francis Center at Knolls, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Murphy v. Macarthur Holding B. Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by8 opinions
- Kooper v. KooperAppellate Division of the Supreme Court of the State of New York · 2010
- Tannenbaum v. TenenbaumAppellate Division of the Supreme Court of the State of New York · 2004
- Conte v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2011
- Attinello v. DeFilippisAppellate Division of the Supreme Court of the State of New York · 2005
- Kamen v. Diaz-KamenAppellate Division of the Supreme Court of the State of New York · 2003
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