Legal Opinion
Hoenig v. Westphal
New York Court of Appeals
Decided May 5, 1981PublishedCited by 97 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
Involved on these appeals are questions concerning the effect, operation and interaction of CPLR 3101 and 3121. Specifically, this court is asked to determine whether, in personal injury actions, attending physicians’ reports are discoverable when a plaintiff has not requested an exchange of medical reports.
These actions were commenced by plaintiffs for personal injuries resulting from automobile accidents in which defendants were involved. Following service of the complaint and answer in Hoenig v Westphal, plaintiff served a verified bill of particulars…
2Cases cited9 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Koump v. SmithNew York Court of Appeals · 1969
- Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964
- Prink v. Rockefeller Center, Inc.New York Court of Appeals · 1979
- Zimmerman v. Nassau HospitalAppellate Division of the Supreme Court of the State of New York · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Arons v. JutkowitzNew York Court of Appeals · 2007
- Kavanagh v. Ogden Allied Maintenance Corp.New York Court of Appeals · 1998
- Andon v. 302-304 Mott Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Castle v. SHERBURNE CORPORATIONSupreme Court of Vermont · 1982
- Herbst v. BruhnAppellate Division of the Supreme Court of the State of New York · 1984
92 more not listed; retrieve them via the Exa API.