HARLEY v. CATHOLIC MED CTR.


88 Misc.2d 126 (1976)

Michael Harley, an Infant by His Mother and Natural Guardian, Sandy Harley, et al., Plaintiffs, v. Catholic Medical Center of Brooklyn and Queens, Inc. et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 13, 1976


Attorney(s) appearing for the Case

Shayne, Dachs, Weiss, Kolbrener, Stanisci & Harwood for plaintiffs. Martin, Clearwater & Bell for Jerome Brander, defendant. Bower & Gardner for Catholic Medical Center of Brooklyn and Queens, Inc., defendant. Anthony L. Schivetti for Henry C. Rhein, defendant.


BERNARD F. McCAFFREY, J.

The issue to be resolved here is whether a doctor in a malpractice action may be compelled to give expert opinion testimony as to the treatment and/or care rendered by another codefendant physician, when it is outside his particular medical specialty.

Thus, in addition to certain objections to form of questions, there are raised additional objections which go to the heart of the holdings of McDermott v Manhattan...

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