Flaton v. New Rochelle Hospital

Appellate Division of the Supreme Court of New York

Flaton v. New Rochelle Hospital

47 A.D.2d 920, 369 N.Y.S.2d 1003, 1975 N.Y. App. Div. LEXIS 9359

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

DecidedApril 21, 1975

StatusPublished

This text of 47 A.D.2d 920 (Flaton v. New Rochelle Hospital) 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

Flaton v. New Rochelle Hospital, 47 A.D.2d 920, 369 N.Y.S.2d 1003, 1975 N.Y. App. Div. LEXIS 9359 (N.Y. Ct. App. 1975).

Pincite

Opinion

In this medical malpractice action, the appeal is by plaintiffs from an order of the Supreme Court, Nassau County, dated January 17, 1975, which granted a motion by defendant New Rochelle Hospital for a protective order. By written stipulation, dated April 1, 1975, the parties, through their attorneys, have agreed that the order be modified in a manner set forth in the stipulation. In accordance with the stipulation, the order is modified by adding a decretal paragraph thereto directing the following: (1) plaintiffs shall have access at the defendant hospital to X rays and other hospital records relevant to hospitalization of the infant plaintiff’s mother at the time of his birth; (2) copies of X rays shall be prepared, if possible, at plaintiffs’ expense; (3) within one week after examination of the X rays and other hospital records, the mother of the infant plaintiff shall be produced at the Supreme Court, Nassau County, for examination before trial, by the defendant hospital, as though she were a party to the action; and (4) the infant plaintiff shall be produced for a physical examination at the office of Dr. Richard Reuben, Roslyn Heights, New York, and for a chromosome study at the Long Island Jewish Hospital or other agreed upon institution. As so modified, order affirmed, without costs. Gulotta, P. J., Rabin, Hopkins, Martuscello and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In this medical malpractice action, the appeal is by plaintiffs from an order of the Supreme Court, Nassau County, dated January 17, 1975, which granted a motion by defendant New Rochelle Hospital for a protective order. By written stipulation, dated April 1, 1975, the parties, through their attorneys, have agreed that the order be modified in a manner set forth in the stipulation. In accordance with the stipulation, the order is modified by adding a decretal paragraph thereto directing the following: (1) plaintiffs shall have access at the defendant hospital to X rays and other hospital records relevant to hospitalization of the infant plaintiff’s mother at the time of his birth; (2) copies of X rays shall be prepared, if possible, at plaintiffs’ expense; (3) within one week after examination of the X rays and other hospital records, the mother of the infant plaintiff shall be produced at the Supreme Court, Nassau County, for examination before trial, by the defendant hospital, as though she were a party to the action; and (4) the infant plaintiff shall be produced for a physical examination at the office of Dr. Richard Reuben, Roslyn Heights, New York, and for a chromosome study at the Long Island Jewish Hospital or other agreed upon institution. As so modified, order affirmed, without costs. Gulotta, P. J., Rabin, Hopkins, Martuscello and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

47 A.D.2d 920, 369 N.Y.S.2d 1003, 1975 N.Y. App. Div. LEXIS 9359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flaton-v-new-rochelle-hospital-nyappdiv-1975.