186 Misc. 612 | N.Y. Sup. Ct. | 1944
This is a motion by the defendant for summary judgment dismissing the complaint. The original affidavits of Drs. Hyman, Ryan and Atchley will be disregarded (see motion to strike out, decided simultaneously herewith, N. Y. L. J., July 7, 1944, p. 37, col. 6) and the revised affidavits of said physicians considered in their stead.
The above-quoted language indicates that plaintiff, probably as the personal representative of the insured, possessed the right to waive the privilege.
The motion for summary judgment dismissing the complaint is accordingly denied.