Appellate Division of the Supreme Court of the State of New York June 8, 2001 (Dare v. Byram)

—Order unanimously modified on the lav/ and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of plaintiffs’ motion seeking to compel defen*991dant Phillip C. Mahoney, M.D. to attend a further deposition to answer questions regarding certain acute care issues related to his treatment of David A. Dare (plaintiff).