Theisen v. Sunnen

Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered on or about December 22, 1991, which delayed disclosure of certain audio-taped materials until after the defendant has been desposed, unanimously affirmed, without costs.

In this medical malpractice action, the IAS Court did not abuse its discretion in determining that the plaintiff, a former patient of the defendant, a psychiatrist, may depose the defendant before producing audiotaped telephone conversations between the parties surreptitiously recorded by the plaintiff in contemplation of litigation and for possible use…