Legal Opinion
DiNova v. Sunnyview Hospital & Rehabilitation Center
New York Supreme Court
Decided June 17, 1987PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
William H. Keniry, J.
In a medical malpractice action, is the investigative file of the defendant’s liability insurer compiled both prior to the institution of suit and prior to the formal rejection of the plaintiffs’ claim subject to discovery? For the reasons outlined below, the answer is no.
*962The plaintiff Theresa M. DiNova sustained a fractured hip on December 24, 1985 when she fell from a toilet while she was a patient in the defendant Sunnyview Hospital and Rehabilitation Center. The accident was allegedly caused by the negligence of the defendant. An incident report…
2Cases cited6 opinions
- Kandel v. TocherAppellate Division of the Supreme Court of the State of New York · 1965
- Vandenburgh v. Columbia Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1982
- Westhampton Adult Home, Inc. v. National Union Fire Insurance Co. of Pittsburgh Pa.Appellate Division of the Supreme Court of the State of New York · 1984
- Carden v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Ainsworth v. Union Free School District No. 2Appellate Division of the Supreme Court of the State of New York · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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