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VERONICA MURPHY, respondent, v. MACARTHUR HOLDING B. INC., et al., appellants, et al., defendant.

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 ).

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MURPHY v. MACARTHUR HOLDING B. INC
(Feb 24, 2000)