PARKER v. BOSTON & MAINE R.R.


5 A.D.2d 1035 (1958)

Howard A. Parker, Sr., Respondent, v. Boston and Maine Railroad, Appellant

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

April 28, 1958


Defendant sought to compel discovery and inspection of these X rays under section 324 of the Civil Practice Act, but the court denied the motion on the ground that such X rays are privileged under section 352 of the Civil Practice Act. Section 352 reads in part: "A person duly authorized to practice physic or surgery * * * shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable...

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