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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46990 Judge Agate DEFENDANT NO-fault insurer moved to quash plaintiff’s subpoena for its medical expert’s appearance at examination before trial. It argued that plaintiff failed to show special circumstances warranting deposition of a nonparty witness. Plaintiff medical provider countered that because the insurer had no proprietary right or privilege over the medical expert, it lacked standing to challenge the subpoena. The court quashed the subpoena. Referring to Civil Practice Law and Rules �3101(a)(4) and (d)(1)(iii) and citing Dioguardi v. St. John’s Riverside Hospital and Lanzello v. Lakritz, the court , noting plaintiff’s receipt of the medical expert’s peer review report, concluded that the subpoena would not elicit material that plaintiff could not obtain through other sources or was necessary to prepare for trial, or material that plaintiff could not obtain through a demand for information pursuant to CPLR �3101(d) without resorting to a nonparty deposition.

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