Opinion
May 5, 1997
Appeal from the Supreme Court, Westchester County (Rosato, J.),
Ordered that, on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted ( see, CPLR 5701[c]); and it is further,
Ordered that the order is affirmed, with costs.
The Supreme Court properly held that the plaintiffs could not compel nonparty witnesses to answer questions at their depositions which sought their expert opinions ( see, Cuccia v Brooklyn Med. Group, 171 A.D.2d 836; Horowitz v. Upjohn Co., 149 A.D.2d 467; Waters v. East Nassau Med. Group, 92 A.D.2d 893; Wilson v. McCarthy, 53 A.D.2d 860).
Bracken, J.P., Copertino, Santucci and Altman, JJ., concur.