SILVA v. STATE OF NY


109 Misc.2d 809 (1981)

Generosa Silva, Individually and as Personal Representative of The Estate of Ruben A. Silva, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 63998.)

Court of Claims.

June 30, 1981


Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg (Leonard Schwartz of counsel), for claimant. Robert Abrams, Attorney-General (Howard S. Davis and Barry M. Hoffman of counsel), for defendant.


GERARD M. WEISBERG, J.

The question presented is whether "mortality and committee reports" are privileged from disclosure under subdivision 3 of section 6527 of the Education Law.

This is a claim for wrongful death predicated upon medical malpractice in the performance of open heart surgery at Downstate Medical Center. The defendant has moved for a protective order with respect to claimant's notice for discovery and inspection which demands, ...

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