Feuchtwanger v. Hoffman

Appellate Division of the Supreme Court of New York

Feuchtwanger v. Hoffman

1 A.D.2d 803, 148 N.Y.S.2d 518, 1956 N.Y. App. Div. LEXIS 6363

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 14, 1956

StatusPublished

This text of 1 A.D.2d 803 (Feuchtwanger v. Hoffman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feuchtwanger v. Hoffman, 1 A.D.2d 803, 148 N.Y.S.2d 518, 1956 N.Y. App. Div. LEXIS 6363 (N.Y. Ct. App. 1956).

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Opinion

Order unanimously modified so as to grant an examination before trial of the hospital, on which [804]*804examination the hospital shall produce the records pursuant to section 296 of the Civil Practice Act. While technically discovery does not lie, we find sufficient special circumstances to justify the granting of an examination before trial of the hospital as a witness, and the order is modified under the prayer for other relief. As so modified, the order is affirmed. Settle order on notice. Concur — Peck, P. J., Breitel, Bastow, Botein and Rabin, JJ.

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Order unanimously modified so as to grant an examination before trial of the hospital, on which [804]*804examination the hospital shall produce the records pursuant to section 296 of the Civil Practice Act. While technically discovery does not lie, we find sufficient special circumstances to justify the granting of an examination before trial of the hospital as a witness, and the order is modified under the prayer for other relief. As so modified, the order is affirmed. Settle order on notice. Concur — Peck, P. J., Breitel, Bastow, Botein and Rabin, JJ.

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Bluebook (online)

1 A.D.2d 803, 148 N.Y.S.2d 518, 1956 N.Y. App. Div. LEXIS 6363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feuchtwanger-v-hoffman-nyappdiv-1956.