Legal Opinion
In re the Estate of DeFilippo
New York Surrogate's Court
Decided December 10, 1990PublishedCited by 1 opinion
1Opinion of the Court
*599OPINION OF THE COURT
Patrick H. Mathews, J.
The objectants herein have moved pursuant to CPLR 3122 for protection against several of the proponent’s disclosure requests; a hearing on that motion was held on November 29, 1990. The court made rulings from the bench on all of the objections to disclosure except the examination before trial of the decedent’s treating physician, Dr. R. Thomas Abderhalden, which objection is herein decided.
The objectants’ position with respect to the doctor is that he cannot be examined because he is their expert witness. The proponent argues that CPLR 4504 (c) (3)…
2Cases cited11 opinions
- O'Neill v. Oakgrove Construction, Inc.New York Court of Appeals · 1988
- McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
- Hoenig v. WestphalNew York Court of Appeals · 1981
- Dioguardi v. St. John's Riverside HospitalAppellate Division of the Supreme Court of the State of New York · 1988
- Johnson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1975
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Accounting of Su-Lien ChenNew York Surrogate's Court · 2008