Fraylich v. Maimonides Hosp

In Fraylich v. Maimonides Hosp. (251 A.D.2d at 251), the Appellate Division, First Department, affirmed the trial court's determination that defendants were not required to produce copies of documents relating to a private interview with plaintiff's treating physician or to refrain from any such further interviews. The Court stated (at 251): "We are in accord with the Second and Third Departments that the prohibition against the defendant in a medical malpractice action interviewing the plaintiff's treating physicians without a court order or the plaintiff's consent is limited to the pretrial stage of the action, . . . not the situation here, where the offending interview was conducted after the note of issue was filed."