O'Brien v. Port Authority of New York & New Jersey

Appellate Division of the Supreme Court of New York

O'Brien v. Port Authority of New York & New Jersey

100 A.D.3d 546, 953 N.Y.S.2d 860

Appellate Division of the Supreme Court of the State of New York·Decided November 20, 2012·Published

Opinion

Order, Supreme Court, New York County (Louis B. York, J.), entered June 11, 2012, which, to the extent appealed from, upon defendant-appellants’ (defendants) motion to compel plaintiff to provide authorizations for the release of all medical records preceding the accident in which he was allegedly injured, ordered plaintiff to provide authorizations for the five years preceding the accident, unanimously affirmed, without costs.

Defendants failed to demonstrate that all plaintiff’s preaccident medical records were material and necessary in the defense of this action (see CPLR 3101). Plaintiff does not allege that the accident aggravated or exacerbated a preexisting injury or condition (see McGlone v Port Auth. of N.Y. & N.J., 90 AD3d 479 [1st Dept 2011]). Concur — Mazzarelli, J.E, Sweeny, Moskowitz, Renwick and Freedman, JJ.

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Order, Supreme Court, New York County (Louis B. York, J.), entered June 11, 2012, which, to the extent appealed from, upon defendant-appellants’ (defendants) motion to compel plaintiff to provide authorizations for the release of all medical records preceding the accident in which he was allegedly injured, ordered plaintiff to provide authorizations for the five years preceding the accident, unanimously affirmed, without costs.

Defendants failed to demonstrate that all plaintiff’s preaccident medical records were material and necessary in the defense of this action (see CPLR 3101). Plaintiff does not allege that the accident aggravated or exacerbated a preexisting injury or condition (see McGlone v Port Auth. of N.Y. & N.J., 90 AD3d 479 [1st Dept 2011]). Concur — Mazzarelli, J.E, Sweeny, Moskowitz, Renwick and Freedman, JJ.

O'Brien v. Port Authority of New York & New Jersey, 100 A.D.3d 546, 953 N.Y.S.2d 860 (N.Y. Ct. App. 2012).

Pincite

100 A.D.3d 546 (O'Brien v. Port Authority of New York & New Jersey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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