CYNTHIA B v. N ROCHELLE HOSP


86 A.D.2d 256 (1982)

Cynthia B. et al., Respondents, v. New Rochelle Hospital Medical Center et al., Defendants, and Mary M. Curtis et al., Appellants. New York Hospital, Respondent

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

May 3, 1982


Attorney(s) appearing for the Case

DeVito & Eberz (John J. Pilkington of counsel), for Mary Curtis and another, appellants.

Fuchsberg & Fuchsberg (Norman E. Frowley of counsel), for respondents.

Kelly Drye & Warren (Susan H. Rockford, Richard J. Concannon and Robert A. Horowitz of counsel), for New York Hospital, respondent.

WEINSTEIN, BRACKEN and BOYERS, JJ., concur.


GIBBONS, J. P.

The appeals present for resolution the somewhat unusual question of whether, in a medical malpractice action in which the plaintiff alleges that the defendant had aggravated a pre-existing mental disorder, a nonparty private hospital may, despite plaintiff's authorization and waiver of her physician-patient privilege, properly resist the release of her psychiatric hospital records for discovery...

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