HUGHES v. KACKAS


3 A.D.2d 402 (1957)

Lauren C. Hughes, as Administrator of The Estate of Kathryn S. Hughes, Deceased, Respondent, v. Helen Kackas et al., Appellants Lauren C. Hughes, Plaintiff, v. Helen Kackas et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 10, 1957.


Attorney(s) appearing for the Case

Lewis M. Mullarkey for appellants.

Chandler S. Knight for respondent.

FOSTER, P. J., BERGAN, COON and HALPERN, JJ., concur.


GIBSON, J.

Alleging special circumstances, defendants seek to take by deposition the testimony of a physician who attended plaintiff's intestate. Section 352 of the Civil Practice Act forbids the disclosure by a physician of information such as defendants would elicit. The Special Term correctly held that the fact that plaintiff had testified on an examination before trial, conducted at defendants' instance, did...

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