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DiNOVA v. SUNNYVIEW HOSP.

135 Misc.2d 961 (1987)

Theresa M. DiNova et al., Plaintiffs, v. Sunnyview Hospital and Rehabilitation Center, Defendant.

Supreme Court, Rensselaer County.

June 17, 1987

Attorney(s) appearing for the Case

Bloomberg & Santola for plaintiffs. Hesson, Ford & Whalen for defendant.

WILLIAM H. KENIRY, J.

In a medical malpractice action, is the investigative file of the defendant's liability insurer compiled both prior to the institution of suit and prior to the formal rejection of the plaintiffs' claim subject to discovery? For the reasons outlined below, the answer is no.

The plaintiff Theresa M. DiNova sustained a fractured hip on December 24, 1985 when she fell from a toilet...

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