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Corey v. Bolton

61 N.Y.S. 917 Court N.Y. City Ct. Decision date 1899-12-27 English

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p. 917
COREY v. BOLTON.
(City Court of New York, General Term.
December 27, 1899.)

Headnote

Professional Information—Disclosure—Minors—Waiver.
Under Code, § 836, providing that a patient may waive the provisions of Id. § 834, prohibiting physicians disclosing professional information, a waiver by plaintiff is sufficient where the action is for injuries to his minor son, and plaintiff’s rights only are involved.
Appeal from trial term.
Action by George Corey against William Bolton. From a judgment for plaintiff, defendant appeals. Affirmed.
Argued before FITZSIM027S, C. J., and SCHUCHMA27 and O’DWYER, JJ.
A. O. Salter, for appellant.
L. L. G. Benedict, for respondent.

The judgment was not excessive, nor was it against the weight of evidence. We think it was proper to allow the doctor to testify as to the nature and extent of the injuries in

p. 918
iSicted upon plaintiff’s son, who was a minor. • Plaintiff’s right only was involved in this action, and, as his son was a minor, he was not able to make the waiver provided for by section 836 of the Code. Under the circumstances, the waiver of plaintiff was sufficient and proper.

No error was committed, and judgment must be affirmed, with «costs.