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SMITH v. SCHULMAN

28 A.D.2d 922 (1967)

Stephen Smith, Plaintiff, v. Benjamin Schulman et al., Defendants The People of the State of New York, Plaintiff, v. Benjamin Schulman, Defendant Mary O'Connor, as Administratrix of The Estate of John O'Connor, Deceased, et al., Appellants, v. Benjamin Schulman, Respondent, et al., Defendant

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

July 10, 1967

Part 4 of the rules of this department respecting the exchange of medical information applies to exclude the testimony of examining and/or treating physicians whose medical reports have not been served as therein provided. However, the preparation of a medical report and the service thereof is not required of a physician who neither examined nor treated the deceased in a death action and who is being called upon as an expert witness...

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