In this medical malpractice action, the IAS Court did not abuse its discretion in determining that the plaintiff, a former patient of the defendant, a psychiatrist, may depose the defendant before producing audiotaped telephone conversations between the parties surreptitiously recorded by the plaintiff in contemplation of litigation and for possible use by the Ethics Committee of the American Psychiatric Association.
CPLR 3101 (e) provides, in unequivocal language...
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