FRAYLICH v. MAIMONIDES HOSP.


251 A.D.2d 251 (1998)

674 N.Y.S.2d 668

David Fraylich, an Infant, by His Mother and Natural Guardian, Leah Fraylich, et al., Appellants, v. Maimonides Hospital et al., Respondents

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

June 25, 1998


We are in accord with the Second and Third Departments that the prohibition against the defendant in a medical malpractice action interviewing the plaintiff's treating physicians without a court order or the plaintiff's consent is limited to the pretrial stage of the action (Zimmerman v Jamaica Hosp., 143 A.D.2d 86, 88, lv denied 73 N.Y.2d 702; Tiborsky v Martorella, 188 A.D.2d 795

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