Porcha v. Binette, 155 A.D.3d 1676 (4th Dept. 2017)
Nov 17, 2017OUTCOME: Order unanimously affirmed
This case involves an appeal from an order of the Supreme Court, Monroe County, entered on August 24, 2016. The order partially denied motions from defendants and nonparties to quash a subpoena duces t ... ecum served by the plaintiff on the nonparties and defendants' insurer. The plaintiff sought various documents and materials, including billing and payment records related to examinations performed by a specific doctor, Dr. Hubert F. Riegler, over the prior five years. The plaintiff aimed to use this information to determine any potential bias or interest on Dr. Riegler's part, as he was set to be called as an expert witness by the defendants at trial. The court upheld the denial of the motions to quash the subpoena, stating that the plaintiff was entitled to the information to aid in preparing cross-examination questions regarding Dr. Riegler's potential bias or interest.
