MAISCH v. MILLARD FILLMORE HOSPITALS


278 A.D.2d 838 (2000)

718 N.Y.S.2d 776

BRUCE A. MAISCH et al., Individually and as Parents and Natural Guardians of STEPHANIE J. MAISCH, an Infant, Respondents, v. MILLARD FILLMORE HOSPITALS et al., Defendants, and THEODORE G. COSTICH, Appellant. (Appeal No. 1.)

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

Decided December 27, 2000.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted that part of the motion of defendant Theodore G. Costich, M.D. (defendant) seeking to compel discovery of statements made by defendant that are reflected in notes taken by plaintiffs during conversations with him (see, CPLR 3101 [e]). The court erred, however, in failing to order that those notes be disclosed in their...

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