Legal Opinion
Rossi v. Blue Cross & Blue Shield
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 1988PublishedCited by 2 opinions
1Opinion of the Court
The issue here is whether a memorandum prepared by defendant’s associate in-house counsel is barred from discovery as privileged. (CPLR 3101 [b], [cj; 4503 [a].)
The underlying action is for defamation. Plaintiff is a physician who specializes in the field of radiology. In April 1984 he began using a Diasonics NMR, also known as MRI scanner, for diagnostic purposes. Defendant allegedly declined to reimburse patients for the medical cost of the scan and told claimants: "Your contract does not cover procedures which are experimental or whose effectiveness is not generally recognized by an…
2Cases cited5 opinions
- Priest v. HennessyNew York Court of Appeals · 1980
- In re the Appointment of a Guardian for Jacqueline F.New York Court of Appeals · 1979
- Hoffman v. Ro-San ManorAppellate Division of the Supreme Court of the State of New York · 1980
- In Re Grand Jury Subpoena Served Upon Bekins Record Storage Co.New York Court of Appeals · 1984
- Allied Artists Picture Corp. v. Max L. Raab Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
3Cited by2 opinions
- Rossi v. Blue Cross & Blue ShieldNew York Court of Appeals · 1989
- Licensing Corp. of America v. National Hockey League Players Ass'nNew York Supreme Court · 1992