Saturday, February 12, 2011

Second Department Agrees With First That Ex Parte Arons Interviews Permitted Before Note Of Issue

Following the Court of Appeals decision in Arons v. Jutkowitz, some questioned whether ex parte interviews of nonparty treating physicians were allowed only after the filing of the note of issue. In Wright v. Stam, the Second Department agreed with the First Department's decision in Shefer v. Tepper, that such interviews were allowed, and in fact, preferred prior to the filing of the note of issue.  

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