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SALMONSEN v. BROWN

62 Misc.2d 623 (1970)

Terry Salmonsen, as Administrator of The Estate of Deborah Salmonsen, Deceased, Plaintiff, v. Harold Brown et al., Defendants.

Supreme Court, Onondaga County.

April 15, 1970

Attorney(s) appearing for the Case

James E. Wilber for plaintiff. William G. Alton, Jr. for Harold Brown, defendant. Robert L. Duell for Lee Memorial Hospital, defendant.

J. ROBERT LYNCH, J.

The plaintiff moves under CPLR 3124 for an examination before trial of the defendant hospital and to compel it to produce for inspection a report of its medical evaluation committee of the death of the plaintiff's intestate. The latter relief is opposed by the hospital.

We do not reach the question whether the production of the report is justified by Kenney v. Superior Ct. (255 Cal.App.2d 106

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