Levande v. Dines

In Levande v. Dines (153 A.D.2d 671, [2d Dept 1989]) the Court held that contact could be made by the defendants with the treating physicians only after the note of issue was filed. This gave defendants the ability to contact a plaintiff's treating physicians without any obligations to obtain permission from the plaintiff or even to serve a notice or disclosure to the plaintiff of such conversations with their treating physicians. The Appellate Division, Second Department, simply held that it was error for the trial court to preclude the testimony of plaintiff's treating physician who had been contacted by defendant after discovery had been complete. (Levande v. Dines, 153 A.D.2d at 672.) The Court distinguished Anker v. Brodnitz on the ground that the case was intended to protect "the sanctity of the physician-patient privilege during discovery," and the interview conducted in Levande took place after the note of issue had been filed "when the discovery phase of the action clearly had been completed." (Id.)