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ASHLEY M. v. MARCINKOWSKI

102 CA 21-00492.

207 A.D.3d 1093 (2022)

172 N.Y.S.3d 255

2022 NY Slip Op 04437

Ashley M., as Parent and Natural Guardian of Gabriella M., Respondent, v. Jennifer Marcinkowski et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 8, 2022.

Attorney(s) appearing for the Case

LAW OFFICES OF JOHN TROP, ROCHESTER (TIFFANY L. D'ANGELO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

POWERS & SANTOLA, LLP, ALBANY (MICHAEL J. HUTTER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: This discovery dispute stems from plaintiff's action seeking damages for injuries sustained by plaintiff's infant after she was allegedly attacked by defendants' dog. Plaintiff subpoenaed the dog's veterinary records from two non-party veterinary hospitals. After defendants opposed the release of those records, plaintiff...

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