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Catino v. Kirschbaum

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1987
129 A.D.2d 758 (N.Y. App. Div. 1987)

Opinion

April 27, 1987

Appeal from the Supreme Court, Nassau County (McCaffrey, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

While CPLR 3101 (d) (1) (i) grants a party the right to not disclose the name of a prospective medical expert, its underlying purpose is not to preclude any possibility of identifying an adversary's medical expert in a medical, dental or podiatric malpractice action. In the instant case, the respondents' October 2, 1985 demand for the disclosure of the qualifications of the plaintiff's experts was not unduly burdensome. Under the circumstances, Special Term did not abuse its discretion in denying the plaintiff's motion for a protective order to the extent indicated (see, Dunsmore v Paprin, 114 A.D.2d 836, 837; Nitz v Prudential-Bache Sec., 102 A.D.2d 914, 915; Oppenheimer v Shubitowski, 92 A.D.2d 1021, 1022, appeal dismissed 59 N.Y.2d 970). Mollen, P.J., Brown, Weinstein and Eiber, JJ., concur.


Summaries of

Catino v. Kirschbaum

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1987
129 A.D.2d 758 (N.Y. App. Div. 1987)
Case details for

Catino v. Kirschbaum

Case Details

Full title:STEVEN CATINO, Appellant, v. LEONARD KIRSCHBAUM et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 27, 1987

Citations

129 A.D.2d 758 (N.Y. App. Div. 1987)

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