Opinion
July 12, 1989
Appeal from the Supreme Court, Erie County, Wolf, J.
Present — Dillon, P.J., Callahan, Denman, Green and Pine, JJ.
Order unanimously reversed on the law with costs, plaintiff's motion granted, and defendants' motion denied. Memorandum: In this medical malpractice action for the wrongful death of her husband, plaintiff moved to compel disclosure of statements made by a party defendant at defendant hospital's review committee meeting investigating decedent's death. Defendants hospital and Dr. Das cross-moved for a protective order, contending that disclosure of handwritten minutes of medical review committee proceedings is prohibited by Education Law § 6527 (3). Special Term erred in denying plaintiff's motion, and in granting the motion for a protective order. An in camera inspection of notes taken at the review committee is required to determine whether statements by Dr. Bergmann, a defendant, are included, and, if so, such statements are subject to disclosure under the statute and should be furnished to plaintiff (see, De Paolo v Wisoff, 94 A.D.2d 694; Carroll v St. Luke's Hosp., 91 A.D.2d 674; see also, Lilly v Turecki, 112 A.D.2d 788).