Kennedy v. European American Bank

Appellate Division of the Supreme Court of New York

Kennedy v. European American Bank

199 A.D.2d 61, 605 N.Y.S.2d 861, 1993 N.Y. App. Div. LEXIS 11725

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

DecidedDecember 9, 1993

StatusPublished

Cited by1 cases

This text of 199 A.D.2d 61 (Kennedy v. European American Bank) 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

Kennedy v. European American Bank, 199 A.D.2d 61, 605 N.Y.S.2d 861, 1993 N.Y. App. Div. LEXIS 11725 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Karla Moskowitz, J.) , entered May 8, 1992, which, after jury trial, found in favor of defendant Dr. Ellyn Shander against [62]*62the plaintiff, and dismissed the complaint, unanimously affirmed, without costs.

This action was tried on the theory that plaintiff could orally waive the physician-patient privilege to the extent of non-medical disclosures as to her psychiatric care in the context of an employee assistance program. Now, for the first time on appeal, plaintiff argues that Connecticut law applied, that an oral waiver is not recognized in that State, and that other infirmities in the court’s charge warrant reversal. None of plaintiff’s arguments are preserved for appellate review, and further, we find no fundamental unfairness or prejudice to plaintiff warranting a new trial. Concur—Murphy, P. J., Rosenberger, Ross and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Karla Moskowitz, J.) , entered May 8, 1992, which, after jury trial, found in favor of defendant Dr. Ellyn Shander against [62]*62the plaintiff, and dismissed the complaint, unanimously affirmed, without costs.

This action was tried on the theory that plaintiff could orally waive the physician-patient privilege to the extent of non-medical disclosures as to her psychiatric care in the context of an employee assistance program. Now, for the first time on appeal, plaintiff argues that Connecticut law applied, that an oral waiver is not recognized in that State, and that other infirmities in the court’s charge warrant reversal. None of plaintiff’s arguments are preserved for appellate review, and further, we find no fundamental unfairness or prejudice to plaintiff warranting a new trial. Concur—Murphy, P. J., Rosenberger, Ross and Nardelli, JJ.

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Bluebook (online)

199 A.D.2d 61, 605 N.Y.S.2d 861, 1993 N.Y. App. Div. LEXIS 11725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-european-american-bank-nyappdiv-1993.

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