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SCALONE v. PHELPS MEM. HOSP.

184 A.D.2d 65 (1992)

Karen Scalone, Individually and as Administratrix of The Estate of Glen Scalone, Deceased, Appellant, v. Phelps Memorial Hospital Center et al., Respondents

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

December 7, 1992

Attorney(s) appearing for the Case

Pegalis & Wachsman, P. C., Great Neck (Rhonda L. Meyer of counsel), for appellant.

O'Connor, McGuinness, Conte, Doyle, Oleson & Collins, White Plains (Mary Pat Burke of counsel), for Phelps Memorial Hospital Center and others, respondents.

Pilkington & Leggett, White Plains (Dennis A. Vernoia of counsel), for George N. Pappas and another, respondents.

MANGANO, P. J., BRACKEN and O'BRIEN, JJ., concur.

BALLETTA, J.

The major issue raised on this appeal is whether the plaintiff waived her physician-patient privilege with respect to her own medical history simply because she commenced this wrongful death action as the personal representative and distributee of the estate. We hold that she did not.

This action was commenced by the plaintiff, Karen Scalone, in her capacity as administratrix of the estate...

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