Stephen Smith v. Benjamin Schulman Et Al. Book Reviews

Stephen Smith v. Benjamin Schulman Et Al. by Supreme Court of New York Book Summary

Amended judgment of the Supreme Court, Suffolk County, dated November 15, 1965, affirmed, insofar as appealed from, without costs. Part 4 of the rules of this department respecting the exchange of medical information applies to exclude the testimony of examining and/or treating physicians whose medical reports have not been served as therein provided. However, the preparation of a medical report and the service thereof is not required of a physician who neither examined nor treated the deceased in a death action and who is being called upon as an expert witness to express an opinion based solely upon an examination of plaintiff's medical evidence as to a causal relationship with respect to an automobile collision, a physical condition and a death. Therefore, under those circumstances, a failure to serve such a medical report on an opponent would not preclude the testimony of the physician. Rabin, Acting P.J., Hopkins, Benjamin, Munder and Nolan, JJ., concur.

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Stephen Smith v. Benjamin Schulman Et Al. (Supreme Court of New York) Book Reviews 2024

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