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JOSEPH A. LANZELLO, ETC., respondent, v. MARK R. LAKRITZ, ET AL., appellants.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

A party seeking discovery from a nonparty witness must show special circumstances ( see, Dioguardi v. St. John's Riverside Hosp., 144 A.D.2d 333, 334). The existence of such special circumstances is not established merely upon a showing that the information sought is relevant. Rater, special circumstances are shown by establishing that the information sought cannot be obtained from other sources ( see, Murphy v. Macarthur Holding B., 269 A.D.2d 507; Patterson v. St. Francis Ctr. at Knolls, 249 A.D.2d 457; Anderson v. Kamalian, 231 A.D.2d 659; Dioguardi v. St. John's Riverside Hosp., supra). Here, the Supreme Court properly determined that the defendants did not show special circumstances and therefore properly granted the plaintiff's motion for a protective order quashing the subpoena served on the treating physician of the plaintiff's decedent.

RITTER, J. P., GOLDSTEIN, FRIEDMANN and CRANE, H., concur.

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LANZELLO v. LAKRITZ
(Oct 22, 2001)