Fell v. Presbyterian Hospital

Fein and Milonas, JJ.,

dissent in a memorandum by Fein, J., as follows: I would affirm the order appealed from. An able and experienced Special Term Justice has ruled upon this discovery issue pursuant to the careful screening procedure set up at Special Term precisely for the purpose of dealing with such motions. That procedure was meticulously followed in this case and defendants were afforded adequate disclosure and discovery. In my view we should not interfere with Special Term’s rulings on disclosure and discovery matters unless there is clear error and an abuse of discretion. Although…