From Casetext: Smarter Legal Research

Patterson v. St. Francis Center, the Knolls

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 457 (N.Y. App. Div. 1998)

Opinion

April 20, 1998

Appeal from the Supreme Court, Orange County (Murphy, J.)


Ordered that the order is affirmed, with costs.

In this personal injury action, the defendants served a subpoena on one of the injured plaintiff's treating physicians. The defendants' basis for deposing this treating physician was inconsistencies between his original operative note and an amended operative note. A defendant in a personal injury action may not, as of right, depose any and all physicians who are shown to have treated the injuries claimed by the plaintiff ( see, Michalak v. Venticinque, 222 A.D.2d 1060). In addition, a party seeking discovery from a nonparty witness must show special circumstances ( see, Anderson v. Kamalian, 231 A.D.2d 659; Michalak v. Venticinque, supra). Since the plaintiffs have agreed to be bound by the treating physician's amended operative note, and since the defendants have not shown any other special circumstances, the Supreme Court did not improvidently exercise its discretion in quashing the subpoena on condition that the plaintiffs are precluded at trial from eliciting any evidence regarding the medical procedure described in the original operative note.

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Patterson v. St. Francis Center, the Knolls

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 457 (N.Y. App. Div. 1998)
Case details for

Patterson v. St. Francis Center, the Knolls

Case Details

Full title:SCOTT PATTERSON et al., Respondents, v. ST. FRANCIS CENTER AT THE KNOLLS…

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

Date published: Apr 20, 1998

Citations

249 A.D.2d 457 (N.Y. App. Div. 1998)
671 N.Y.S.2d 532

Citing Cases

Tuebner v. Cardinal Health 414, Inc.

2d 763; Tsachalis v City of Mount Vernon, 262 AD2d at 401, 690 NYS2d 746; Matter of Validation Review Assoc…

Mikinberg v. Bronsther

The Supreme Court improvidently exercised its discretion in quashing the subpoena directed to Dr. Clifford…