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KONG v. CHILDREN'S HOSPITAL OF BUFFALO [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 31, 1999
(N.Y. App. Div. Mar. 31, 1999)

Opinion

March 31, 1999

Appeal from Order of Supreme Court, Erie County, Mintz, J.- Discovery.

PRESENT: LAWTON, J. P., HAYES, WISNER, PIGOTT, JR., AND CALLAHAN, JJ.


Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted the motion of plaintiffs to compel a nurse employed by defendant, Children's Hospital of Buffalo (Hospital), to appear for a further deposition and to testify concerning conversations she had with her nurse manager and charge nurse concerning an incident at the Hospital involving plaintiffs' daughter. The Hospital failed to establish that the conversations were entitled to the exemption from disclosure provided in Public Health Law § 2805-m and Education Law § 6527 (3). The evidence submitted by the Hospital did not demonstrate that the conversations were held within the confines of its formal quality review procedure ( see, Crea v. Newfane Inter-Community Mem. Hosp., 224 A.D.2d 976, 977; see also, Loose v. Penfield Volunteer Emergency Ambulance Serv., 222 A.D.2d 1080). The Hospital's reliance on Logue v. Velez ( 92 N.Y.2d 13) is misplaced. In that case, plaintiffs sought disclosure of a physician's application for privileges, which was submitted to the defendant hospital pursuant to Public Health Law § 2805-k (1).


Summaries of

KONG v. CHILDREN'S HOSPITAL OF BUFFALO [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 31, 1999
(N.Y. App. Div. Mar. 31, 1999)
Case details for

KONG v. CHILDREN'S HOSPITAL OF BUFFALO [4th Dept 1999

Case Details

Full title:JOEL F. KONG AND SUSAN M. KONG, INDIVIDUALLY AND AS PARENTS AND NATURAL…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 31, 1999

Citations

(N.Y. App. Div. Mar. 31, 1999)