Berg v. Flower Fifth Ave. Hospital – Case Brief Summary (New York)

In Berg v. Flower Fifth Ave. Hospital, 102 AD2d 760, 476 N.Y.S.2d 895 (1st Dep't 1984), was a medical malpractice action.

The Appellate Division granted a full protective order as to plaintiff's entire Notice to Admit, which sought admissions relating to key issues such as accepted medical practices and procedures and causation. Finding that the questions went "clearly beyond the scope of a notice to admit as a disclosure device," the court stated:

"To allow the notice to admit to become perverted into a further form of deposition in the nature of written interrogatories would defeat and detract from its intended purpose." (102 AD2d at 760-61.)