Veneri v. Mount Vernon Hospital

In this action brought to recover damages for wrongful death alleged to have been caused through the negligence of the defendants at a time when the decedent was a patient in the defendant hospital, the plaintiff seeks to examine all of the defendants before trial. The motion is not opposed with respect to the individual defendants (nurses) but it is contended that their examination should be held before a referee appointed by the court pursuant to section 296-a of the Civil Practice Act. This contention may not be sustained, for in this court’s opinion the purpose of the enactment of this…