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 New York Law is instructive. In Matter of Coddington (307 N. Y. 181, 187-191) (then) Conway, J., pointed out that Judge Earl attempted, in Edington v. AEtna Life Ins. Co. (77 N. Y. 564) to confine the statute to information of a confidential nature, but the court did not agree with him on that point. As a result of the cases that followed -- Grattan v. Metropolitan Life Ins. Co. (80 N. Y. 281) and Renihan v. Dennin (103 N. Y. 573) -- in the latter of which Judge Earl suggested legislation, section 836 of the Code of Civil Procedure (now Civ. Prac. Act, §354) was amended to allow physicians in effect to testify as to nonconfidential communications of deceased patients where the privilege has been waived by persons authorized by the section to do so. The language of those cases was exceedingly broad, and it was pointed out that, under the literal phraseology of code section 834, the physician was absolutely prohibited from testifying so long as the conditions of the statute were met. 


Faced with the problem of the effect on the privilege of the presence of third persons, courts turned ...

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