Alava v. Peninsula General Hospital

In a medical malpractice action, plaintiffs appeal from an order of the Supreme Court, Queens County, dated March 14, 1977, which, upon sustaining defendant’s objection to plaintiffs’ use of a tape recorder at examinations before trial, prohibited plaintiffs from using the tape recorder. Order reversed, without costs or disbursements, plaintiffs are permitted to use the tape recorder at the examinations before trial and defendant is permitted to have a stenographic transcript made of the depositions at its own expense. In our opinion defendant failed to demonstrate that the recording device…