Dibble v. Consolidated Rail Corp.

Appellate Division of the Supreme Court of New York

Dibble v. Consolidated Rail Corp.

181 A.D.2d 1041, 582 N.Y.S.2d 659, 1992 N.Y. App. Div. LEXIS 4643

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 1992

DocketAppeal No. 2

StatusPublished

Cited by2 cases

This text of 181 A.D.2d 1041 (Dibble v. Consolidated Rail Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dibble v. Consolidated Rail Corp., 181 A.D.2d 1041, 582 N.Y.S.2d 659, 1992 N.Y. App. Div. LEXIS 4643 (N.Y. Ct. App. 1992).

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Opinion

— Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The order is modified by deleting the provision granting third-party defendant’s motion to compel plaintiff to provide authorization for all of plaintiff’s workers’ compensation records and medical records. The CPLR does not contain any provision that would allow third-party defendant to obtain authorization from plaintiff to allow it access to plaintiff’s workers’ compensation records (see, CPLR 3102 [a]; see also, Hinrichs v Tonnssen, 128 Misc 2d 196; Bennett v Martoche, 123 Misc 2d 874, 876). (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Discovery.) Present— Callahan, J. P., Boomer, Balio, Lawton and Davis, JJ.

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— Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The order is modified by deleting the provision granting third-party defendant’s motion to compel plaintiff to provide authorization for all of plaintiff’s workers’ compensation records and medical records. The CPLR does not contain any provision that would allow third-party defendant to obtain authorization from plaintiff to allow it access to plaintiff’s workers’ compensation records (see, CPLR 3102 [a]; see also, Hinrichs v Tonnssen, 128 Misc 2d 196; Bennett v Martoche, 123 Misc 2d 874, 876). (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Discovery.) Present— Callahan, J. P., Boomer, Balio, Lawton and Davis, JJ.

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181 A.D.2d 1041, 582 N.Y.S.2d 659, 1992 N.Y. App. Div. LEXIS 4643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dibble-v-consolidated-rail-corp-nyappdiv-1992.

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