WILK v. MUTH


136 Misc.2d 476 (1987)

Catherine Wilk, Plaintiff, v. Jack Muth, Defendant.

Supreme Court, Special Term, Suffolk County.

August 6, 1987


Attorney(s) appearing for the Case

Rossano, Mose & Connick for defendant. Shapiro & Yankowitz for plaintiff.


HARRY R. BROWN, J.

This is an application by defendant for an order pursuant to CPLR 3103 suppressing a report obtained by plaintiff from defendant prior to the institution of this action.

The facts reveal that on or about July 19, 1984 plaintiff visited defendant's office complaining of a painful ankle. Defendant treated plaintiff at that time and again on August 21, 1984 at which time defendant referred plaintiff to an orthopedic surgeon. On...

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