King v. State Farm Mutual Automobile

In King v. State Farm Mutual Automobile, 198 A.D.2d at 748 (3rd Dept. 1993), the Third Department ruled on facts nearly identical to those in the present case. Plaintiff in a No Fault action issued a subpoena for the deposition of a nonparty witness who performed an independent medical examination at the defendant insurance company's request. The defendant moved to quash the subpoena, arguing that no special circumstances were demonstrated to warrant a deposition. The defendant's motion was granted and on appeal, the Third Department affirmed the lower court's decision, finding that plaintiff failed to demonstrate that the discovery was necessary for trial preparation. (See id.)