KAPNER v. SAFFERSTONE


200 Misc. 351 (1951)

George J. Kapner, Plaintiff, v. Irving B. Safferstone et al., Defendants.

Supreme Court, Special Term, Queens County.

July 31, 1951.


Attorney(s) appearing for the Case

William A. Hyman for plaintiff.

Cotter, Carey & Schultz for Irving B. Safferstone and another, defendants.

Martin & Clearwater for Thomas Miles, defendant.


PETTE, J.

Application pursuant to section 296-a of the Civil Practice Act to take the testimony of the chief anesthetist of Mary Immaculate Hospital, and to have the records of said hospital produced before a Referee to be appointed by the court.

Inasmuch as it appears that the chief anesthetist mentioned in the moving papers had no personal contact with the plaintiff herein, took no part in the preparation or administration of the particular...

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