Newman v. G. D. Searle & Co.
| Decision Date | 29 December 1975 |
| Citation | 377 N.Y.S.2d 553,50 A.D.2d 902 |
| Parties | Liane Sue NEWMAN, Appellant, v. G. D. SEARLE & CO., Respondent, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Shayne, Dachs, Weiss, Kolbrener, Stanisci & Harwood, Mineola (Norman H. Dachs and William Paul Last, Mineola, of counsel), for appellant.
Bower & Gardner, New York City (Thomas R. Newman and John J. Bower, New York City, of counsel), for respondent.
Before HOPKINS, Acting P.J., and MARTUSCELLO, COHALAN, BRENNAN and MUNDER, JJ.
MEMORANDUM BY THE COURT.
In an action Inter alia to recover damages for medical malpractice, plaintiff appeals from so much of two orders of the Supreme Court, Nassau County, one entered January 30, 1975 and the other dated May 9, 1975, as granted those portions of separate motions of defendant G. D. Searle & Co. which sought a direction that plaintiff authorize the inspection of the records of certain treating physicians.
Orders affirmed insofar as appealed from, with $50 costs and disbursements.
Plaintiff has failed to establish a factual basis for her contention that the doctor-patient privilege abides as to the records of the treating physicians despite her commencement of this action (see Koump v. Smith, 25 N.Y.2d 287, 294, 303 N.Y.S.2d 858, 864, 250 N.E.2d 857, 861).
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