Molesi v. Rubenstein
| Decision Date | 28 May 2002 |
| Citation | 742 N.Y.S.2d 881,294 A.D.2d 546 |
| Parties | JOANNE MOLESI et al., Respondents,<BR>v.<BR>RICHARD RUBENSTEIN et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed insofar as appealed from, with costs, and upon reconsideration, that branch of the motion which was to compel the plaintiff Joanne Molesi to provide certain medical authorizations in response to the defendants' demands is granted.
Since the plaintiff Joanne Molesi placed her mental condition in controversy, the Supreme Court should have granted that branch of the defendants' motion which was to compel her to provide certain medical authorizations allowing them to obtain medical records relating to that condition (see Prink v Rockefeller Ctr., 48 NY2d 309; Koump v Smith, 25 NY2d 287, 294; Schager v Durland, 286 AD2d 725; Ellerin v Bentley's, 266 AD2d 259).
To continue reading
Request your trial
-
DeLouise v. S.K.I. Wholesale Beer Corp.
...relating to his medical condition ( see Avila v. 106 Corona Realty Corp., 300 A.D.2d at 267, 750 N.Y.S.2d 764; Molesi v. Rubenstein, 294 A.D.2d 546, 742 N.Y.S.2d 881; Schager v. Durland, 286 A.D.2d 725, 730 N.Y.S.2d ...
-
Moore v. Metro. Transp. Auth.
...disclosure regarding any medical or psychological treatment that the plaintiff may have received" (Avila at 267; Molesi v. Rubenstein, 294 A.D.2d 546, 546 [2d Dept 2002] ; Schager v. Durland, 286 A.D.2d 725 [2d Dept 2001] ). Under the foregoing circumstances, unrelated preexisting injuries ......
- MATTER OF BLOOMINGDALE'S, INC. v. City Assessor of City of White Plains