Opinion
November 10, 1997
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the order is reversed, with one bill of costs, and the motions are denied.
Dr. Asok K. Lahiri, a consulting physician to the defendants and a nonparty witness in this action, cannot be compelled to answer questions which seek his expert opinion at his examination before trial ( see, Fristrom v. Peekskill Community Hosp., 239 A.D.2d 315; Cuccia v. Brooklyn Med. Group, 171 A.D.2d 836; Horowitz v. Upjohn Co., 149 A.D.2d 467; Waters v. East Nassau Med. Group, 92 A.D.2d 893; Wilson v. McCarthy, 53 A.D.2d 860).
Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.