Legal Opinion

Baum v. Pennsylvania R. Co.

District Court, E.D. New York

Decided June 19, 1953No. Civ. A. No. 13395PublishedCited by 3 opinions

1Opinion of the Court

BRUCHHAUSEN, District Judge.

The defendant moves for an order directing the plaintiff to answer.questions in connection with the taking of a deposition.

The plaintiff declined to answer some of the questions upon the ground that they were privileged communications between himself, a patient, and his physician. Section 352 of the New York Civil Practice Act sets forth the rule on that subject. It has been held that the privilege extends to both patient and physician, Galligano v. Galligano, 245 App.Div. 743, 280 N.Y.S. 419. The case of Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 396, 91 L.Ed.…

2Cases cited3 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Lorde v. Guardian Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1937
  3. Galligano v. GalliganoAppellate Division of the Supreme Court of the State of New York · 1935

3Cited by3 opinions

  1. Merlin v. Aetna Life Insurance CompanyDistrict Court, S.D. New York · 1960
  2. Padovani v. Liggett & Myers Tobacco Co.District Court, E.D. New York · 1959
  3. Lukee Enterprises, Inc. v. New York Life InsuranceDistrict Court, D. New Mexico · 1971

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