Lipsey v. 940 St. Nicholas Ave. Corp.

Plaintiff in this negligence action was treated at Knickerbocker Hospital. The hospital is not a party to the action. Plaintiff made a request of the hospital to examine their records of her treatment in the hospital, which request was refused. She then moved for permission to examine and secure a copy of these records. In granting the motion the learned court was undoubtedly aware of the many Special Term decisions to the contrary (e.g., see Matter of Cenci [St. John Hosp.], 185 Misc. 479). However, the motion was granted upon the ground that it was a more convenient method of obtaining the…