Waters v. East Nassau Medical Group

— In a medical malpractice action, plaintiffs appeal from an order of the Supreme Court, Nassau County (Robbins, J.), dated September 27, 1982, which granted the motion of Dr. Waterhouse, a nonparty witness, to quash a subpoena. Order reversed, on the law, with $50 costs and disbursements, and motion to quash denied. The subpoena issued to the nonparty witness, a doctor, was improperly quashed. The doctor, as a treating physician, may be questioned with regard to his factual observations, rather than in his potential capacity as an expert. If plaintiffs do attempt to ask questions of this…