Blyashuk v Dhaliwal
2012 NY Slip Op 06685 [99 AD3d 1223]
October 5, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


Lyudmila V. Blyashuk et al., Respondents, v Gurpreet Dhaliwal, M.D., et al., Appellants, et al., Defendants. (Appeal No. 2.)

[*1] Gibson, McAskill & Crosby, LLP, Buffalo (Angelo S. Gambino of counsel), for defendants-appellants.

Lotempio & Brown, P.C., Buffalo (Michael H. Kooshoian of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 20, 2011 in a medical malpractice action. The order, insofar as appealed from, granted that part of plaintiffs' motion to compel defendants Gurpreet Dhaliwal, M.D., Dilara Samadi, M.D. and Buffalo Medical Group to produce certain documents regarding laparoscopic surgeries performed by Dilara Samadi, M.D.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and that part of the motion seeking to compel defendants to produce all documents regarding all laparoscopic surgeries performed by defendant Dilara Samadi, M.D. while he was an employee and shareholder of defendant Buffalo Medical Group, including, but not limited to, operative reports and billing records from 1997 through February 12, 2008, with patient names and identifying information redacted, is denied.

Same memorandum as in Blyashuk v Dhaliwal (99 AD3d 1222 [2012]). Present—Smith, J.P., Peradotto, Carni, Lindley and Martoche, JJ.