Roeck v. Columbia-Greene Medical Center

—Peters, J.

Appeal from an order of the Supreme Court (Connor, J.), entered July 10, 1997 in Columbia County, which denied defendants’ motion for a commission to depose a nonparty witness located in another State.

Plaintiff commenced this medical malpractice action against defendants seeking damages. At his deposition, defendant Louis Di Giovanni, a physician, testified that both before and after surgery he discussed plaintiff’s case with Richard Gio*922vanelli, a Florida orthopedic surgeon who was also plaintiff’s brother-in-law and her treating physician following her discharge from the hospital.

D…