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Fraylich v. Maimonides Hospital

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1998
251 A.D.2d 251 (N.Y. App. Div. 1998)

Summary

In Fraylich, id., the court stated that "[w]e are in accord with the Second and Third Departments that the prohibition against the defendant in a medical malpractice action interviewing the plaintiff's treating physicians without a court order or the plaintiff's consent is limited to the pretrial stage."

Summary of this case from Carroll v. Harwin

Opinion

June 25, 1998

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


We are in accord with the Second and Third Departments that the prohibition against the defendant in a medical malpractice action interviewing the plaintiff's treating physicians without a court order or the plaintiff's consent is limited to the pretrial stage of the action (Zimmerman v. Jamaica Hosp., 143 A.D.2d 86, 88, lv denied 73 N.Y.2d 702; Tiborsky v. Martorella, 188 A.D.2d 795, 796-797), not the situation here, where the offending interview was conducted after the note of issue was filed. Nor are plaintiffs entitled to any documents defendants' attorney may have created relating to the interview, such being privileged as attorney work product (CPLR 3101 [c]; see, Corcoran v. Peat, Marwick, Mitchell Co., 151 A.D.2d 443, 445). That part of plaintiffs' motion as sought to compel defendants' attorney to identify the treating physicians with whom he has met was properly denied as moot in view of the attorney's affirmation that there was only one interview conducted with only the one physician who has been identified.

Concur — Sullivan, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.


Summaries of

Fraylich v. Maimonides Hospital

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1998
251 A.D.2d 251 (N.Y. App. Div. 1998)

In Fraylich, id., the court stated that "[w]e are in accord with the Second and Third Departments that the prohibition against the defendant in a medical malpractice action interviewing the plaintiff's treating physicians without a court order or the plaintiff's consent is limited to the pretrial stage."

Summary of this case from Carroll v. Harwin

In Fraylich v. Maimonides Hosp. (251 AD2d at 251), the Appellate Division, First Department, affirmed the trial court's determination that defendants were not required to produce copies of documents relating to a private interview with plaintiff's treating physician or to refrain from any such further interviews.

Summary of this case from Browne v. Horbar

In Fraylich v. Maimonides Hospital, 251 AD2d 251 (1st Dept, 1998), dealing with interviews of plaintiff's treating physicians, the Court said: "Nor are plaintiffs entitled to any documents defendants' attorney may have created relating to the interview, such being privileged as attorney work product (CPLR 3101[c]; see Corcoran v. Peat, Marwick, Mitchell Co., 151 AD2d 443, 445).

Summary of this case from Smith v. Rafalin

In Fraylich v Maimonides Hosp. (251 AD2d at 251), the Appellate Division, First Department, affirmed the trial court's determination that defendants were not required to produce copies of documents relating to a private interview with plaintiff's treating physician or to refrain from any such further interviews.

Summary of this case from Browne v. Horbar

In Fraylich v. Maimonides Hosp. (251 AD2d at 251), the Appellate Division, First Department, affirmed the trial court's determination that defendants were not required to produce copies of documents relating to a private interview with plaintiff's treating physician or to refrain from any such further interviews.

Summary of this case from Browne v. Horbar
Case details for

Fraylich v. Maimonides Hospital

Case Details

Full title:DAVID FRAYLICH, an Infant, by His Mother and Natural Guardian, LEAH…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 25, 1998

Citations

251 A.D.2d 251 (N.Y. App. Div. 1998)
674 N.Y.S.2d 668

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