Azznara v. Strauss
| Citation | 915 N.Y.S.2d 868,81 A.D.3d 578 |
| Parties | Nat AZZNARA, respondent, v. Andrew STRAUSS, etc., appellants. |
| Decision Date | 01 February 2011 |
| Court | New York Supreme Court Appellate Division |
81 A.D.3d 578
Nat AZZNARA, respondent,
v.
Andrew STRAUSS, etc., appellants.
Supreme Court, Appellate Division, Second Department, New York.
Feb. 1, 2011.
Kaufman Borgeest & Ryan, LLP, Valhalla, N.Y. (Dennis J. Dozis of counsel), for appellants.
Yudin & Yudin, P.C., New York, N.Y. (Ronald M. Yudin of counsel), for respondent.
In an action to recover damages for chiropractic malpractice and lack of informed
consent, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Putnam County (Nicolai, J.), dated March 12, 2010, as denied those branches of their motion which were to compel the plaintiff to provide authorizations for the release of the plaintiff's alcohol and drug abuse records and all of the plaintiff's pharmacy and health insurance records.ORDERED that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the defendants' motion which was to compel the plaintiff to provide authorizations for the release of plaintiff's alcohol and drug abuse records, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff seeks damages, inter alia, for his claim of loss of enjoyment of life resulting from chiropractic malpractice. Since the plaintiff's alcohol and drug abuse records were material and necessary to the plaintiff's claim for damages, that branch of
the defendants' motion which was to compel the plaintiff to provide authorizations for the release of his alcohol and drug abuse records should have been granted ( see Rothstein v. Huh, 60 A.D.3d 839, 875 N.Y.S.2d 250; Steward v. New York City Hous. Auth., 302 A.D.2d 449, 753 N.Y.S.2d 748; Coddington v. Lisk, 249 A.D.2d 817, 818, 671 N.Y.S.2d 826).Although the plaintiff's pharmacy and health insurance records may properly be discovered ( see CPLR 4504; Neferis v. DeStefano, 265 A.D.2d 464, 466, 697 N.Y.S.2d 108; Moore v. Superior Ice Rink, 251 A.D.2d 305, 674 N.Y.S.2d 390), the defendants' demand with respect to those two items, as currently propounded, is patently overbroad and burdensome ( see Gilman & Ciocia, Inc. v. Walsh, 45 A.D.3d 531, 845 N.Y.S.2d 124; Bongiorno v. Livingston, 20 A.D.3d 379, 382, 799 N.Y.S.2d 98; Bettan v. Geico Gen. Ins. Co., 296 A.D.2d 469, 471, 745 N.Y.S.2d 545; Holness v....
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...demands with respect to the injured plaintiff's entire medical history are patently overbroad and burdensome ( see Azznara v. Strauss, 81 A.D.3d 578, 579, 915 N.Y.S.2d 868; Bongiorno v. Livingston, 20 A.D.3d 379, 381, 799 N.Y.S.2d 98; Holness v. Chrysler Corp., 220 A.D.2d 721, 722, 633 N.Y.......
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...material and necessary to the issue of damages (see O'Rourke v. Chew, 84 A.D.3d 1193, 1194, 923 N.Y.S.2d 875 ; Azznara v. Strauss, 81 A.D.3d 578, 578–579, 915 N.Y.S.2d 868 ; Amoroso v. City of New York, 66 A.D.3d 618, 887 N.Y.S.2d 163 ; Rothstein v. Huh, 60 A.D.3d 839, 875 N.Y.S.2d 250 ; Di......
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...mental illness court properly set aside verdict for defendant and found a breach as a matter of law for plaintif. Azznara v. Strauss , 81 A.D.3d 578, 915 N.Y.S.2d 868 (2d Dept. 2011). In chiropractic malpractice action, defendant’s alcohol and drug abuse records should have been produced as......
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Table of cases
...2005), § 16:110 Bekins Record Storage Co., Inc. v. Morgenthau, 62 N.Y.2d 324, 476 N.Y.S.2d 806 (1984), §§ 7:70, 7:80 Azznara v. Strauss, 81 A.D.3d 578, 915 N.Y.S.2d 868 (2d Dept. 2011), § 7:90 B C-4 — NEW YORK OBJECTIONS Bellino v. Bellino Const. Co., Inc., 75 A.D.2d 630, 427 N.Y.S.2d 303 (......
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...mental illness court properly set aside verdict for defendant and found a breach as a matter of law for plaintif. Azznara v. Strauss , 81 A.D.3d 578, 915 N.Y.S.2d 868 (2d Dept. 2011). In chiropractic malpractice action, defendant’s alcohol and drug abuse records should have been produced as......
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Privileges
...mental illness court properly set aside verdict for defendant and found a breach as a matter of law for plaintiff. Azznara v. Strauss, 81 A.D.3d 578, 915 N.Y.S.2d 868 (2d Dept. 2011). In chiropractic malpractice action, defendant’s alcohol and drug abuse records should have been produced as......