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GLASS v. CRACOVANER

283 A.D. 779 (1954)

Elias Glass, as Administrator of The Estate of Robert F. Glass, Deceased, Appellant, v. Arthur J. Cracovaner et al., Defendants, and Lenox Hill Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 1954.

Special circumstances have been shown justifying the examination of Dr. Paltauf as a witness. Although an employee of defendant hospital, he was not acting for the hospital in any way connected with the death which is the subject of complaint in this action and it would not be in order to examine him under rule 121-a of the Rules of Civil Practice. If plaintiff wishes to examine the doctor, the examination should be sought of him...

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