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DEMETER v. MEM'L HOSP.

156 Misc.2d 688 (1993)

594 N.Y.S.2d 591

Elmer Demeter et al., Plaintiffs, v. Memorial Hospital for Cancer and Allied Diseases et al., Defendants.

Supreme Court, New York County.

January 21, 1993

Attorney(s) appearing for the Case

Davis & Smith, New York City (Howard S. Davis of counsel), for plaintiffs. Peltz, Walter & Dubinsky, New York City (Joseph Dubinsky of counsel), for Horace W. Whitely, defendant.

STANLEY L. SKLAR, J.

An evidentiary issue presented at the trial of this medical malpractice action was whether plaintiffs may call as their expert a physician who had examined the injured plaintiff on behalf of a defendant during the course of discovery. This court held that plaintiffs could call the physician as their expert.

Dr. Davis, a urologist, had at the request of a defendant physician, Dr...

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