Opinion
16033 Index No. 151942/16 Case No. 2021–01741
05-31-2022
Hilda MORILLO, Plaintiff–Respondent, v. 623–631 WEST 207TH STREET, LLC, Defendant–Appellant.
Ahmuty, Demers & McManus, Albertson (Kevin J. Murtagh, Sr. of counsel), for appellant. Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.
Ahmuty, Demers & McManus, Albertson (Kevin J. Murtagh, Sr. of counsel), for appellant.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.
Webber, J.P., Kern, Oing, Scarpulla, Pitt, JJ.
Order, Supreme Court, New York County (Barbara Jaffe, J.), entered April 6, 2021, which, to the extent appealed from as limited by the briefs, denied defendant's motion to compel plaintiff to provide authorizations for the release of medical records from plaintiff's cardiologists, internist, and ophthalmologist, unanimously affirmed, without costs.
As the motion court properly found, defendant failed to show that plaintiff's heart condition or vision may have contributed to the accident in which she allegedly was injured. Further as plaintiff withdrew her loss of enjoyment of life claim, defendant failed to demonstrate how her claim that her health had been impaired as a result of the injuries sustained, required authorizations for the requested records from her cardiologist, internist, and ophthalmologist (see Lafata v. Verizon Communications Inc., 180 A.D.3d 575, 116 N.Y.S.3d 557 [1st Dept. 2020] Alford v. City of New York, 116 A.D.3d 483, 484, 983 N.Y.S.2d 522 [1st Dept. 2014] ).