(Download) "Elisabeth W. Fell v. Presbyterian Hospital City New York At Columbia-Presbyterian Medical Center Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Elisabeth W. Fell v. Presbyterian Hospital City New York At Columbia-Presbyterian Medical Center Et Al.
- Author : Supreme Court of New York
- Release Date : January 08, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Order, Supreme Court, New York County (Stanley Parness, J.), entered October 13, 1982, denying so much of the motion and cross motion to direct plaintiff to produce the trust agreement under which decedent received yearly income to the time of his death in 1979, reversed, to the extent appealed from, on the law, the facts and in the exercise of discretion, without costs or disbursements, the motion and cross motion granted and plaintiff directed to produce said trust agreement within 10 days after service of a copy of the order to be entered on this appeal. The action was brought to recover damages for the wrongful death and the conscious pain and suffering of decedent, Philip Fell, who suffered cardiac arrest following a radium needle implant procedure performed at Columbia-Presbyterian Medical Center. Plaintiff alleged in her bill of particulars that decedents average annual earnings for the five-year period prior to his death ranged from $122,709 to $159,207, testifying at her examination before trial that her husbands earnings during 1979, the year of his death, were approximately $250,000, all of which income was derived from family trust funds. Thereupon, defendants sought production of the trust agreement pursuant to which decedent received such income, admittedly his only income at the time of death. Plaintiff opposed the request, contending that the terms of the trust agreement were irrelevant to the issues in suit. We disagree with the refusal by Special Term to direct production of the trust agreement. The agreement may have a direct bearing upon the damage issues in the case, particularly where, as here, plaintiffs bill of particulars appears to claim a substantial loss of income, derived not from salary but from "family money," also defined as "trust funds." To the extent that plaintiff claims a loss [98 A.D.2d 624 Page 625]