O'Connor v. West

147 A.D.2d 959, 538 N.Y.S.2d 740, 1989 N.Y. App. Div. LEXIS 1142

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 3, 1989
• Status: Published

Opinion

— Order unanimously aflirmed with costs. Memorandum: Special Term did not abuse its discretion in ordering a non-party to disclose patients’ hospital records. Plaintiff established that the requested information is material and necessary to the resolution of plaintiff’s defamation action (see, Perry v Fiumano, 61 AD2d 512, 516, 519). Moreover, the court reasonably conditioned disclosure by providing that the names of the patients would be kept confidential during any pretrial or trial proceeding (see, Bernstein v Lore, 59 AD2d 650). (Appeal from order of Supreme Court, Erie County, Ostrowski, J. — discovery.) Present — Denman, J. P., Boomer, Green, Law-ton and Davis, JJ.