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Perretta v. Perretta

140 A.D.2d 681, 528 N.Y.S.2d 1006, 1988 N.Y. App. Div. LEXIS 6101
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 31, 1988
StatusPublished

This text of 140 A.D.2d 681 (Perretta v. Perretta) 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.

Bluebook
Perretta v. Perretta, 140 A.D.2d 681, 528 N.Y.S.2d 1006, 1988 N.Y. App. Div. LEXIS 6101 (N.Y. Ct. App. 1988).

Opinion

[682]*682In this action the defendant moved for a protective order to vacate the plaintiffs notice to examine his psychiatrist and his medical records. The plaintiff cross-moved for an order to compel disclosure and to direct the defendant to be examined by a psychiatrist designated by the plaintiff.

By claiming that he was unable to work due to depression the defendant put his mental condition in controversy. Consequently, his mental condition is subject to pretrial discovery (see, CPLR 3101, 3120, 2121; Wegman v Wegman, 37 NY2d 940). Thompson, J. P., Bracken, Brown, Weinstein and Spatt, JJ., concur.

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Related

Wegman v. Wegman
343 N.E.2d 288 (New York Court of Appeals, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
140 A.D.2d 681, 528 N.Y.S.2d 1006, 1988 N.Y. App. Div. LEXIS 6101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perretta-v-perretta-nyappdiv-1988.