Opinion
Submitted January 12, 2000
February 24, 2000
In a negligence action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Golia, J.), dated May 27, 1999, which granted the plaintiff's motion to quash two subpoenas issued to the plaintiff's treating physicians.
Perez Furey, Uniondale, N.Y. (Joseph Varvaro of counsel), for appellants.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The appellants failed to establish that special circumstances warranted the deposition testimonies of two of the plaintiff's treating physicians (see, Dioguardi v. St. John's Riverside Hosp., 144 A.D.2d 333 ) or that the medical records provided by these treating physicians were insufficient to enable the appellants to prepare properly for trial (see, Bunkley v. Penske Truck Leasing Corp., 237 A.D.2d 399 ; Ferrer v. Horvath, 143 A.D.2d 627 ). Moreover, there is nothing in the record to indicate that the discovery being sought, an admission by the plaintiff to these physicians as to the cause of her accident, is based on anything more than speculation (see, Greenberg v. McLaughlin, 242 A.D.2d 603 ; European Am. Bank v. Competition Motors, 186 A.D.2d 784 ; see also, Auerbach v. Bennett, 47 N.Y.2d 619, 636 ).