Weber v. Ryder Trs, Inc.

Decision Date25 March 2008
Docket Number2007-05822.
Citation49 A.D.3d 865,2008 NY Slip Op 02833,854 N.Y.S.2d 480
PartiesSAMUEL WEBER, JR., et al., Respondents, v. RYDER TRS, INC., et al., Appellants.
CourtNew York Supreme Court — Appellate Division

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was to compel the plaintiff Samuel Weber, Jr., to provide authorizations for the release of his medical records pertaining to a prior right shoulder injury and surgery is granted.

A party must provide duly executed and acknowledged written authorizations for the release of pertinent medical records when that party has waived the physician-patient privilege by affirmatively putting his or her physical or mental condition in issue (see CPLR 3121 [a]; Dillenbeck v Hess, 73 NY2d 278 [1989]; Cynthia B. v New Rochelle Hosp. Med. Ctr., 60 NY2d 452, 456-457 [1983]; Diamond v Ross Orthopedic Group, P.C., 41 AD3d 768 [2007]), and CPLR 3101 (a) requires full disclosure of all evidence material and necessary to the prosecution or defense of an action, regardless of the burden of proof (see Allen v Crowell-Collier Publ. Co., 21 NY2d 403 [1968]). Here, information as to the nature and severity of the injured plaintiff's previous right shoulder injury and right shoulder surgery are material and necessary to the issue of damages, if any, recoverable for a claimed loss of enjoyment of life due to the current injuries sustained by him in the subject motor vehicle accident (see Diamond v Ross Orthopedic Group, P.C., 41 AD3d at 769; Vanalst v City of New York, 276 AD2d 789 [2000]). Accordingly, that branch of the defendants' motion which was to compel the plaintiff Samuel Weber, Jr., to provide authorizations for the release of his medical records pertaining to a prior right shoulder injury and surgery should have been granted.

Spolzino, J.P., Ritter, Dillon, Balkin and Leventhal, JJ., concur.

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7 cases
  • Johnsen v. Silich, 2010 NY Slip Op 30217(U) (N.Y. Sup. Ct. 1/29/2010)
    • United States
    • New York Supreme Court
    • 29 Enero 2010
    ...135 (2d Dept 1986) 9. Skyline, supra; Wickham v. Liberty Mut. Ins. Co., 73 A.D.2d 742 (3d Dept 1979) 10. Weber v. Ryder TRS, Inc., 49 A.D.3d 865, 854 N.Y.S.2d 480 (2d Dept 2008); Gill v. Mancino, 8 A.D.3d 340, 777 N.Y.S.2d 712 (2d Dept 2004) 11. Dillenbeck v. Hess, 73 N.Y.2d 278 (1989) Conl......
  • Gumbs v. Flushing Town Ctr. Iii, L.P.
    • United States
    • New York Supreme Court — Appellate Division
    • 25 Febrero 2014
    ...Diamond v. Ross Orthopedic Group, P.C., 41 A.D.3d 768, 769, 839 N.Y.S.2d 211 [2d Dept. 2007]; see also Weber v. Ryder TRS, Inc., 49 A.D.3d 865, 854 N.Y.S.2d 480 [2d Dept. 2008] ). Plaintiff's argument, which the motion court accepted and this Court now affirms, that the requested medical re......
  • Vodoff v. Mehmood
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Febrero 2012
    ...of New York, 66 A.D.3d 618, 887 N.Y.S.2d 163; Orlando v. Richmond Precast, Inc., 53 A.D.3d 534, 861 N.Y.S.2d 765; Weber v. Ryder TRS, Inc., 49 A.D.3d 865, 854 N.Y.S.2d 480; Diamond v. Ross Orthopedic Group, P.C., 41 A.D.3d at 769, 839 N.Y.S.2d 211). In opposition, the plaintiff failed to es......
  • Goetchius v. Spavento
    • United States
    • New York Supreme Court — Appellate Division
    • 6 Mayo 2011
    ...the physician-patient privilege by affirmatively putting his or her physical or mental condition in issue” ( Weber v. Ryder TRS, Inc., 49 A.D.3d 865, 866, 854 N.Y.S.2d 480). Considering that the autopsy report listed arteriosclerotic coronary disease as one of the causes of decedent's death......
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