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Shefer v. Tepper

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 6, 2010

GAL SHEFER, ETC., ET AL., PLAINTIFFS-RESPONDENTS,
v.
ALEX STEWART TEPPER, M.D., DEFENDANT-APPELLANT,
THE MOUNT SINAI HOSPITAL, DEFENDANT.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered November 20, 2008, which, in an action for medical malpractice, insofar as appealed from as limited by the briefs, denied defendant-appellant's motion to compel plaintiff to provide authorizations permitting informal, ex parte interviews with plaintiffs' healthcare providers, unanimously reversed, on the law, without costs, and the motion granted.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Sweeny, Freedman, Abdus-Salaam, JJ.

20102/07

The motion court incorrectly interpreted the Court of Appeals' decision in Arons v Jutkowitz (9 NY3d 393 [2007]) as permitting ex parte interviews of a plaintiff's healthcare providers by defense counsel only after a note of issue was filed. To the contrary, the Court of Appeals expressly rejected the long-standing practice of proscribing such interviews only after the note of issue was filed, and otherwise made it clear that the preferred time for such disclosure was before the filing of a note of issue (see id. at 410-411).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100506

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