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PALMER v. CITY OF ROME

120 Misc.2d 558 (1983)

Jeanne M. Palmer, Plaintiff, v. City of Rome et al., Defendants.

Supreme Court, Oneida County.

August 17, 1983

Attorney(s) appearing for the Case

Pileckas & Pileckas for plaintiff. Smith, Sovik, Kendrick, Schwarzer & Sugnet for City of Rome, defendant. Martin, Ganotis & Brown, P. C., for Neville W. Harper and others, defendants. Maynard, O'Connor & Smith for Surgical Associates of Rome, M.D., P. C., and others, defendants.

JOHN R. TENNEY, J.

In this medical malpractice action, plaintiff seeks an order requiring defendant to produce certain pathological reports pursuant to CPLR 3111 and 3124. Defendant Harper examined tissue removed from plaintiff's left breast and diagnosed intraductal carcinoma. Based on this diagnosis a modified radical mastectomy was thereafter performed.

Subsequently, the defendant hospital sought an evaluation of Dr. Harper's work for the purpose...

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