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Kennedy v. European American Bank

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 1993
199 A.D.2d 61 (N.Y. App. Div. 1993)

Opinion

December 9, 1993

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


This action was tried on the theory that plaintiff could orally waive the physician-patient privilege to the extent of non-medical disclosures as to her psychiatric care in the context of an employee assistance program. Now, for the first time on appeal, plaintiff argues that Connecticut law applied, that an oral waiver is not recognized in that State, and that other infirmities in the court's charge warrant reversal. None of plaintiff's arguments are preserved for appellate review, and further, we find no fundamental unfairness or prejudice to plaintiff warranting a new trial.

Concur — Murphy, P.J., Rosenberger, Ross and Nardelli, JJ.


Summaries of

Kennedy v. European American Bank

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 1993
199 A.D.2d 61 (N.Y. App. Div. 1993)
Case details for

Kennedy v. European American Bank

Case Details

Full title:ALICE KENNEDY, Appellant, v. EUROPEAN AMERICAN BANK et al., Defendants…

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

Date published: Dec 9, 1993

Citations

199 A.D.2d 61 (N.Y. App. Div. 1993)
605 N.Y.S.2d 861

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