PRINK V. ROCKEFELLER CENTER INC. 48 N.Y.2d 309, 422 N.Y.S.2d 911, 398 N.E.2d 517 (1979) CASE BRIEF

PRINK V. ROCKEFELLER CENTER INC.

48 N.Y.2d 309, 422 N.Y.S.2d 911, 398 N.E.2d 517 (1979)

NATURE OF THE CASE: Prink (P) appealed from a judgment, which affirmed an order of the trial court that directed P to appear for a further oral examination in P's wrongful death action.

FACTS: Prink's (P) decedent worked on the 36th floor of Rockefeller Plaza, owned by Rockefeller Center, Inc. (D). Decedent was found dead on the 6th floor setback of the building; the window in his office on the 36th floor was found open. Thus, the circumstances of the death suggested either negligence on the part of D or suicide. The autopsy report contained a note by the Chief Medical Examiner that Dr. Doyle, decedent's psychiatrist, had reported to him that decedent had been acutely tense and depressed. P sued, alleging negligent design and installation of the window alcove in the office. She claimed that decedent was required to kneel on the desk to open the window, and in doing so, lost his balance and fell forward. P admitted that decedent had told her that he was going to Dr. Doyle, but claimed privilege as to the substance of the conversation. On D's motion, the lower court ordered P to answer questions regarding the conversation.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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