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  5. 48 N.Y.2d 309 (1979)
 

PRINK v. ROCKEFELLER CTR.

48 N.Y.2d 309 (1979)

Theresa C. Prink, as Administratrix of The Estate of Robert V. Prink, Deceased, Appellant, v. Rockefeller Center, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 15, 1979.

Attorney(s) appearing for the Case

Arthur B. Sheehan for appellant.

Richard Bakalor for Rockefeller Center, Inc., respondent.

Richard T. Andrias and Andrew P. Davis for Van Summern & Weigold Planning Associates, Inc., respondent.

Judges JASEN, JONES and WACHTLER concur with Judge MEYER; Chief Judge COOKE dissents in part and votes to modify in an opinion in which Judge GABRIELLI concurs and in which Judge FUCHSBERG concurs in a separate dissenting memorandum.

MEYER, J.

The question presented by this appeal is whether evidentiary privileges prevent disclosure in a wrongful death action concerning the mental condition of the decedent whose unwitnessed death occurred under circumstances consistent with either negligence of the defendant or suicide. We hold that since decedent himself could not have prevented disclosure, his personal representative may not do so in an...

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