DOXTATOR v. SWARTHOUT


38 A.D.2d 782 (1972)

Maria Doxtator, Appellant, v. Gertrude Swarthout, Respondent, et al., Defendant. (Appeal No. 1.)

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

January 20, 1972


Order unanimously reversed, with costs, and motion granted.

Memorandum:

At an examination before trial in this malpractice action, the defendant doctor stated that she had reviewed some notes made after the incident which she described as "a resume of what I considered the pertinent facts that I wanted to recall" and that these were used by her to refresh her recollection with respect to the details of her testimony. Plaintiff's motion to compel discovery...

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