Hughes v. Kackas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGibson, J.
Alleging special circumstances, defendants seek to take by deposition the testimony of a physician who attended plaintiff’s intestate. Section 352 of the Civil Practice Act forbids the disclosure by a physician of information such as defendants would elicit. The Special Term correctly held that the fact that plaintiff had testified on an examination before trial, conducted at defendants’ instance, did not effect a waiver.
The privilege remains inviolate unless “ expressly waived ”, upon the trial or examination, by the patient or, if he is deceased, by his personal representative. (Civ. Prac.…
2Cases cited6 opinions
- Apter v. Home Life Insurance CompanyNew York Court of Appeals · 1935
- Capron v. . DouglassNew York Court of Appeals · 1908
- Eder v. CashinAppellate Division of the Supreme Court of the State of New York · 1953
- Strader v. CollinsAppellate Division of the Supreme Court of the State of New York · 1952
- Vilardi v. VilardiNew York Supreme Court · 1951
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Williams v. Roosevelt HospitalNew York Court of Appeals · 1985
- Hughson v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Herbst v. BruhnAppellate Division of the Supreme Court of the State of New York · 1984
- Awtry v. United StatesDistrict Court, S.D. New York · 1961
- Iseman v. Delmar Medical-Dental Building, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
1 more not listed; retrieve them via the Exa API.