McDERMOTT v. MANHATTAN EYE HOSP.


15 N.Y.2d 20 (1964)

Kathleen McDermott, Appellant, v. Manhattan Eye, Ear & Throat Hospital et al., Respondents.

Court of Appeals of the State of New York.

Decided November 25, 1964.


Attorney(s) appearing for the Case

Arthur C. Zale, Sidney Schwamm and Max Toberoff for appellant.

Richard E. Shandell and Desmond T. Barry for Walter S. Schachat, respondent.

James J. Finnerty, Jr., for Richard Townley Paton, respondent.

George S. Pickwick and George J. Conway for Manhattan Eye, Ear & Throat Hospital and another, respondents.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.


FULD, J.

The only important question posed by this appeal, one of first impression in this State, concerns the right of a plaintiff in a malpractice suit to call a doctor against whom she brought the action and question him as a medical expert.

The plaintiff, Kathleen McDermott, was for many years aware that she was suffering in both eyes from some corneal disease and had, on a number of occasions, consulted...

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