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BURNSIDE v. FOOT CLINICS

115 Misc.2d 85 (1982)

Ruth Burnside, Plaintiff, v. Foot Clinics of New York et al., Defendants.

Supreme Court, Special Term, New York County.

June 14, 1982

Attorney(s) appearing for the Case

Reichenbaum & Silberstein (Gloria W. Ott of counsel), for plaintiff. Bower & Gardner (Garrett P. Lewis and Howard R. Cohen of counsel), for Hospital for Joint Diseases and Medical Center, defendant. Garbarini, Scher & De Cicco for Foot Clinics of New York and another, defendants.

BENTLEY KASSAL, J.

ISSUE

In a medical malpractice case, may the plaintiff obtain the report made by her treating physician to the review committee of a defendant hospital if the treating physician, a hospital employee, is not named as a party to the action or, stated differently, does the fact that a hospital is a named defendant mean that the reports of all of the hospital's employees and/or agents made to the review committee are thereby discoverable...

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