Appellate Division, Fourth Department Is On Board with Second Department's Arons v. Juktowitz Decision

The Appellate Division, Fourth Department in Kish v. Graham recently sided with the Appellate Division, Second Department's reasoning in Arons v. Juktowitz (see prior post).   The Fourth Department held that there are several compelling reasons why a defense counsel's post-note of issue, ex parte interview with a plaintiff's treating doctor is impermissible.   The Court observed that no provisions in the law exist to permit this type of interview.  The decision is comprehensive and worth a read regarding a percolating issue within the Appellate Division Departments.

Thanks Paul for the tip on this case.

Comments

[Bill Altreuter]

I was quite surprised when I learned that this is a common practice, and I think the 4th Dept got it right