Legal Opinion
Brooks v. City of New York
New York Supreme Court
Decided August 24, 1998PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Richard F. Braun, J.
This is a personal injury action. Plaintiff (Plaintiff) moves, *105pursuant to CPLR 3103 and 2304, to quash the subpoena of a nonparty, Plaintiff’s treating physician. Defendant Columbia University (Defendant) cross-moves, pursuant to CPLR 3126, to strike Plaintiff’s expert response for the physician.
Pursuant to CPLR 3101 (d) (1) (iii), in order to obtain a court order permitting a deposition of an expert, “a showing of special circumstances” must be made. It is within the sound discretion of the court to which an application is made to determine whether…
2Cases cited6 opinions
- Brady v. Ottaway Newspapers, Inc.New York Court of Appeals · 1984
- Brunswick Hospital Center, Inc. v. HynesNew York Court of Appeals · 1981
- Weinberger v. Lensclean Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- McGee v. Family Care ServicesAppellate Division of the Supreme Court of the State of New York · 1998
- Anonymous v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- City of New York v. Bleuler Psychotherapy Center, Inc.New York Supreme Court · 1999
- In re the Estate of NunzNew York Surrogate's Court · 2015