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New York's high court allows ex parte interviews after discovery.

Publication: Trial
Publication Date: 01-FEB-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The New York Court of Appeals has ruled 6-1 in a consolidated appeal of three cases that in lawsuits concerning a plaintiff's medical condition, defendants may interview treating physicians privately, even after discovery ends. (Arons v. Jutkowitz, 2007 WL 4163865 (N.Y. Nov. 27, 2007).) The state joins 16 others where this practice is allowed.

"It's a dark day for legal jurisprudence in New York," said Philip Dinhofer, a lawyer in Rockville Centre, New York, who represented the plaintiff in Arons, the lead case. "Giving one party access to a source of evidence without the presence of the other is draconian in modern legal thinking."

Arons was a medical malpractice and wrongful death lawsuit brought by the husband of a woman who died allegedly because of delayed medical care. After the plaintiff filed a note of issue--a procedural device in New York that signifies that discovery is complete and the case is ready for trial--the defense sought a private interview with the...

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