From Casetext: Smarter Legal Research

Clark v. New York City Hlt. Hospitals Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1990
157 A.D.2d 817 (N.Y. App. Div. 1990)

Opinion

January 29, 1990

Appeal from the Supreme Court, Kings County (Scholnick, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The matter into which the appellant seeks to inquire through the examination before trial of an associate of the plaintiff's counsel is entirely collateral to the material issues in this action (see, Blittner v. Berg Dorf, 138 A.D.2d 439, 440-441). Furthermore, the appellant has not demonstrated the requisite special circumstances for direct disclosure of a nonparty witness (CPLR 3101 [a] [4]; Dioguardi v. St. John's Riverside Hosp., 144 A.D.2d 333, 334).

On this state of the record, the appellant's demand for discovery and inspection of medical reports obtained by the plaintiff's counsel prior to the filing of the certificate of merit was properly denied (CPLR 3012-a [e]). Thompson, J.P., Brown, Eiber and Rosenblatt, JJ., concur.


Summaries of

Clark v. New York City Hlt. Hospitals Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1990
157 A.D.2d 817 (N.Y. App. Div. 1990)
Case details for

Clark v. New York City Hlt. Hospitals Corp.

Case Details

Full title:JUDITH M. CLARK, Individually and as Administratrix of the Estate of…

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

Date published: Jan 29, 1990

Citations

157 A.D.2d 817 (N.Y. App. Div. 1990)

Citing Cases

Feeley v. Midas Properties, Inc.

Moreover, "[w]hile the disclosure provisions of the CPLR are to be liberally construed * * * with the test…

Blackburn v. Wysong Miles Co.

Furthermore, the existence of "special circumstances" is not established merely upon a showing that the…