N.Y. Court Affirms Order Rejecting Defense Efforts to Depose Plaintiffs' Treating Physicians

NEW YORK -- A New York appellate court has affirmed a lower court ruling that denied the efforts of an asbestos defendant to depose the two physicians of the plaintiffs. In re: New York City Asbestos Litigation, Index No. 107211/08; Bernard, et al., v. Brookfield Properties Corp., et al., Index No. 190078/08 (N.Y. Sup. Ct., App. Div., 1st Dept.).

In both instances, the Appellate Division of the New York Supreme Court, 1st Department, found that the testimony the defendants sought was either available from other sources or could be found in the patients' records.

The underlying claims were brought …