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AUFRICHTIG v. LOWELL

202 A.D.2d 326 (1994)

609 N.Y.S.2d 214

Burton Aufrichtig, Individually and as Conservator for Janette Aufrichtig, Appellant, v. Bruce K. Lowell, Respondent

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

March 22, 1994

While defendant physician's cavalier attitude in providing admittedly careless and contradictory testimony, called "negligent testimony", which he seeks to blame on the representations allegedly made to him by counsel for both sides, is hardly commendable, no action lies against him for breach of plaintiff patient's confidentiality (see, Tiborsky v Martorella, 188 A.D.2d 795, 796-797), plaintiffs having waived confidentiality...

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