Appellate Division of the Supreme Court of New York, 2002

Avila v. 106 Corona Realty Corp.

Appellate Division of the Supreme Court of New York · Decided December 2, 2002

300 A.D.2d 266; 750 N.Y.S.2d 764

Cases that cite this one

18 later published cases cite this decision.

DeLouise v. S.K.I. Wholesale Beer Corp. (Appellate Division of the Supreme Court of New York 2010)
Diamond v. Ross Orthopedic Group, P.C. (Appellate Division of the Supreme Court of New York 2007)
Bravo v. Vargas (Appellate Division of the Supreme Court of New York 2014)
Bravo v. Vargas (Appellate Division of the Supreme Court of New York 2014)
Farrell v. E.W. Howell Co., LLC (Appellate Division of the Supreme Court of New York 2013)
Farrell v. E.W. Howell Co., LLC (Appellate Division of the Supreme Court of New York 2013)
O'Rourke v. Chew (Appellate Division of the Supreme Court of New York 2011)
Abdalla v. Mazl Taxi, Inc. (Appellate Division of the Supreme Court of New York 2009)
Gigauri v. One Hudson Yards Owner, LLC (Appellate Division of the Supreme Court of New York 2023)
Brito v. Gomez (Appellate Division of the Supreme Court of New York 2018)
O'Brien v. Village of Babylon (Appellate Division of the Supreme Court of New York 2017)
Graziano v. Cagan (Appellate Division of the Supreme Court of New York 2013)
Graziano v. Cagan (Appellate Division of the Supreme Court of New York 2013)
Schiavone v. Keyspan Energy Delivery NYC (Appellate Division of the Supreme Court of New York 2011)
Keith v. Forest Laboratories, Inc. (Appellate Division of the Supreme Court of New York 2010)
Corbey v. Allam (Appellate Division of the Supreme Court of New York 2009)
Rothstein v. Chihee Huh (Appellate Division of the Supreme Court of New York 2009)
Rega v. Avon Products, Inc. (Appellate Division of the Supreme Court of New York 2008)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated October 25, 2001, which, inter alia, denied its motion to compel the plaintiff to provide it with unrestricted medical authorizations.

*267Ordered that the order is reversed, on the law, with costs, and the motion is granted; and it is further,

Ordered that within 30 days of service upon him of a copy of this decision and order, the plaintiff shall provide the defendant with unrestricted medical authorizations.

“It is well settled that 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 NY2d 452, 456-457 [footnote omitted]). Here, the plaintiff affirmatively placed his entire medical condition in controversy through the broad allegations of physical injury and mental anguish contained in his bill of particulars. Accordingly, the defendant is entitled to full disclosure regarding any medical or psychological treatment that the plaintiff may have received (see Molesi v Rubenstein, 294 AD2d 546; Schager v Durland, 286 AD2d 725; Ellerin v Bentley’s, 266 AD2d 259, 260; Geraci v National Fuel Gas Distrib. Corp., 255 AD2d 945, 946). Feuerstein, J.P., Krausman, Luciano, Townes and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.