DiLorenzo v. Toledano
| Decision Date | 27 January 2021 |
| Docket Number | 2019–04873,Index No. 605949/17 |
| Citation | 190 A.D.3d 941,136 N.Y.S.3d 905 (Mem) |
| Parties | Joseph DILORENZO, appellant, v. Baruch TOLEDANO, etc., respondent, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
190 A.D.3d 941
136 N.Y.S.3d 905 (Mem)
Joseph DILORENZO, appellant,
v.
Baruch TOLEDANO, etc., respondent, et al., defendants.
2019–04873
Index No. 605949/17
Supreme Court, Appellate Division, Second Department, New York.
Submitted—November 17, 2020
January 27, 2021
Robert F. Danzi, Jericho, N.Y. (Christine Coscia of counsel), for appellant.
Rubin Paterniti Gonzalez Kaufman LLP, Garden City, N.Y. (James W. Tuffin of counsel), for respondent and defendants Northwell Health Physician Partners, Northwell Healthcare, Inc., and Northwell Health, Inc.
WILLIAM F. MASTRO, A.P.J., LEONARD B. AUSTIN, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals from an order of the Supreme Court, Nassau County (Denise L. Sher, J.), entered March 12, 2019. The order, insofar as appealed from, granted that branch of the motion of the defendant Baruch Toledano which was to compel the plaintiff to provide an authorization for the release of treatment records from his psychiatrist, and denied the plaintiff's cross motion for a protective order preventing disclosure of those records.
ORDERED that the order is affirmed insofar as appealed from, with costs.
"[A] party must provide duly executed and acknowledged written authorizations for the release of pertinent medical records under the liberal discovery provisions of the CPLR when that party has waived the physician-patient privilege by affirmatively putting his or her physical or mental condition in issue" ( Cynthia B. v. New Rochelle Hosp. Med. Ctr., 60 N.Y.2d 452, 456–457, 470 N.Y.S.2d 122, 458 N.E.2d 363 [citation and footnote omitted]). In addition, " ‘the defense is entitled to review records showing the nature and severity of the plaintiff's prior medical conditions [which] may have an impact upon the amount of damages, if any, recoverable for a claim of loss of enjoyment of life’ " ( Montalto v. Heckler, 113 A.D.3d 741, 741, 978 N.Y.S.2d 891, quoting ...
To continue reading
Request your trial
- Andujar v. Boyle
-
Frawley v. City of New York
... ... party has waived the physician-patient privilege by ... affirmatively putting his or her physical or mental condition ... in issue'" (DiLorenzo v. Toledano, 190 ... A.D.3d 941, 942, quoting Cynthia B. v. New Rochelle Hosp ... Med. Ctr., 60 N.Y.2d 452, 456-457 [citation omitted]) ... CPLR ... ...
-
Objecting during depositions
...invoked his Fifth Amendment privilege against self-incrimination when questioned about it at his deposition. DiLorenzo v. Toledano , 190 A.D.3d 941, 136 N.Y.S.3d 905 (2d Dept. 2021). The Supreme Court providently exercised its discretion in granting defendant’s motion to compel the plaintif......