Legal Opinion
Harley v. Catholic Medical Center of Brooklyn & Queens, Inc.
New York Supreme Court
Decided August 13, 1976PublishedCited by 2 opinions
1Opinion of the CourtBernard F. McCaffrey, J.
The issue to be resolved here is whether a doctor in a malpractice action may be compelled to give expert opinion testimony as to the treatment and/or care rendered by another codefendant physician, when it is outside his particular medical specialty.
Thus, in addition to certain objections to form of questions, there are raised additional objections which go to the heart of the holdings of McDermott v Manhattan Eye, Ear & Throat Hosp. (15 NY2d 20) and Johnson v New York City Health & Hosps. Corp. (49 AD2d 234), regarding expert medical testimony from a defendant physician in a medical…
2Cases cited3 opinions
- McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
- Johnson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- Freedco Products, Inc. v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1975
3Cited by2 opinions
- Harley v. Catholic Medical CenterAppellate Division of the Supreme Court of the State of New York · 1977
- Giventer v. RementeriaNew York Supreme Court · 1999