Fazio v. Federal Express Corp.

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about October 7, 1999, which denied defendants’ motion to quash a judicial subpoena duces tecum issued to non-party witness Jerome Block, M.D., unanimously reversed, on the law, without costs, and the motion granted.

In a personal injury action that is now limited to the issue of damages, defense witness Block conducted an independent medical examination of plaintiff, and also offered expert opinion as to the medical records compiled by plaintiff’s physicians. Efforts were made, at Dr. Block’s deposition, to impeach…