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KENNETH DONATO, SR., ETC., ap, v. RONALD NUTOVITS, ETC. def, MATTHEW GOLKAR, ETC. res

KENNETH DONATO, SR., ETC., ap, v. RONALD NUTOVITS, ETC. def, MATTHEW GOLKAR, ETC. res — (INDEX NO. 70468/12)In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated February 23, 2015, as denied those branches of his motion which were pursuant to CPLR 3124 to compel the defendants Matthew Golkar and David L. Burns to be produced for further examinations before trial to answer certain questions.

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KENNETH DONATO, SR., ETC., ap, v. RONALD NUTOVITS, ETC. def, MATTHEW GOLKAR, ETC. res — (INDEX NO. 70468/12)In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated February 23, 2015, as denied those branches of his motion which were pursuant to CPLR 3124 to compel the defendants Matthew Golkar and David L. Burns to be produced for further examinations before trial to answer certain questions.

Motion by the respondents Matthew Golkar, David L. Burns, and Westchester Medical Practice, P.C., inter alia, to dismiss the appeal on the ground that no appeal lies as of right from an order determining an application to review objections raised during an examination before trial and leave to appeal has not been granted. By decision and order on motion of this Court dated December 18, 2015, that branch of the motion which was to dismiss the appeal was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

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