Feretich v. Parsons Hospital (1982)
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Fedell v. Wierzbieniec (1985)
However, three years later, in Feretich v Parsons Hosp. ( 88 AD2d 903, 904 [2d Dept 1982]), the Second Department clarified the Anker decision and stated, “We note further that, as discussed in Anker v Brodnitz (supra), these limits on disclosure are imposed not because of the physician-patient privilege, which is generally waived by bringing a malpractice action, but by the very design of the specific disclosure devices available in CPLR article 31.” This explanation that t…
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Arons v. Jutkowitz (2006)
In the absence of such authority, or the plaintiffs consent, it has long been the rule that defense counsel are prohibited from conducting such private interviews during discovery (see Stoller v Moo Young Jun, supra; Brevetti v Roth, 114 AD2d 877 [1985]; Anker v Brodnitz, 98 Misc 2d 148,154 [1979], affd 73 AD2d 589 [1979]; see also Feretich v Parsons Hosp., 88 AD2d 903 [1982]; Cwick v City of Rochester, 54 AD2d 1078 [1976]).