Summary
In Pirone, the Court granted defendants' motion to compel production of medical records pertaining to the plaintiff's depression, because plaintiff "alleged that because of defendants' conduct, he suffered physical injuries that ha[ve] resulted in him spending 'everyday or at least part of everyday from the date of the accident confined to his bed and home'" (Pirone, 82 AD3d at 432).
Summary of this case from Serra v. Goldman Sachs Grp., Inc.Opinion
No. 4412.
March 3, 2011.
Order, Supreme Court, Bronx County (Laura Douglas, J.), entered on or about July 1, 2010, which, insofar as appealed from, in this action for personal injuries resulting from a motor vehicle accident, denied defendants' motion to compel plaintiff to provide authorizations to obtain his medical, psychological, and pharmaceutical records pertaining to his treatment for hepatitis and depression, unanimously reversed, on the law and the facts, without costs, and the motion granted.
Havkins Rosenfeld Ritzert Varriale, LLP, Mineola (Gail L. Ritzert of counsel), for appellants.
Richard L. Giampa, Bronx, for respondent.
Before: Saxe, J.P., Sweeny, Catterson, Freedman and Román, JJ.
Defendants met their burden of showing that the requested records relating to plaintiffs hepatitis are relevant to a physical condition that plaintiff placed "in controversy" through his deposition testimony ( Dillenbeck v Hess, 73 NY2d 278, 287). Furthermore, the records relating to plaintiffs depression were relevant. Plaintiff alleged that because of defendants' conduct, he suffered physical injuries that has resulted in him spending "everyday or at least part of everyday from the date of the accident confined to his bed and home" ( see id.).