Legal Opinion · Dissent
Bustos v. Lenox Hill Hospital
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 2006Published
1DissentCatterson, J.
I respectfully dissent because I believe that the majority’s determination prohibiting the plaintiffs from inspecting the location of the alleged malpractice at a time convenient to the hospital and its patients contravenes the broad disclosure standard mandated by CPLR 3101.
The law pertaining to disclosure in New York is clear and well *427established. The scope of disclosure provided by CPLR 31011 is generous, broad, and is to be construed liberally. (Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968] [phrase “material and necessary” must be “interpreted liberally to require disclosure,…
2Cases cited6 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
- Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964
- West v. Ætna Casualty & Surety Co.New York Supreme Court · 1965
- West v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1967
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