Louth v. Wiegand

Appellate Division of the Supreme Court of New York

Louth v. Wiegand

167 A.D.2d 850, 561 N.Y.S.2d 955, 1990 N.Y. App. Div. LEXIS 14393

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

DecidedNovember 16, 1990

StatusPublished

This text of 167 A.D.2d 850 (Louth v. Wiegand) 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

Louth v. Wiegand, 167 A.D.2d 850, 561 N.Y.S.2d 955, 1990 N.Y. App. Div. LEXIS 14393 (N.Y. Ct. App. 1990).

Pincite

Opinion

Order unanimously reversed in the exercise of discretion with costs, motion denied and cross motion granted. Memorandum: The court denied plaintiffs motion for a protective order precluding the physician chosen by defendant from conducting the examination of plaintiff. Plaintiff contends that the physician should be disqualified from examining her because the physician is a client of the law firm that also represents plaintiff. Although the physician has waived his attorney-client privilege and, thus, the attorney for plaintiff is not precluded from using any information he may have concerning the physician during cross-examination, a conflict of interest still exists. Understandably, plaintiff may be concerned that, because of her attorney’s loyalty to a client of the firm, the attorney may not engage in a vigorous cross-examination of the client. (Appeal from order of Supreme Court, Monroe County, Cornelius, J.—discovery.) Present—Callahan, J. P., Denman, Boomer, Lawton and Davis, JJ.

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Order unanimously reversed in the exercise of discretion with costs, motion denied and cross motion granted. Memorandum: The court denied plaintiffs motion for a protective order precluding the physician chosen by defendant from conducting the examination of plaintiff. Plaintiff contends that the physician should be disqualified from examining her because the physician is a client of the law firm that also represents plaintiff. Although the physician has waived his attorney-client privilege and, thus, the attorney for plaintiff is not precluded from using any information he may have concerning the physician during cross-examination, a conflict of interest still exists. Understandably, plaintiff may be concerned that, because of her attorney’s loyalty to a client of the firm, the attorney may not engage in a vigorous cross-examination of the client. (Appeal from order of Supreme Court, Monroe County, Cornelius, J.—discovery.) Present—Callahan, J. P., Denman, Boomer, Lawton and Davis, JJ.

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Bluebook (online)

167 A.D.2d 850, 561 N.Y.S.2d 955, 1990 N.Y. App. Div. LEXIS 14393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louth-v-wiegand-nyappdiv-1990.