Maher v. State

*571OPINION OF THE COURT

Adolph C. Orlando, J.

Defendant moves for an order compelling claimant to comply with its notice for discovery and inspection.

This is an action in medical malpractice and wrongful death. Decedent, Evelyn Maher, expired while under treatment at Downstate Medical Center.

Shortly after her death, members of Mrs. Maher’s family sought and secured a conference with Dr. Macchia, the decedent’s physician. At that meeting, without Dr. Macchia’s knowledge, Arlene Bray, Mrs. Maher’s daughter, tape-recorded the entire conversation. By this motion the defendant seeks the cassette tape…