Coven v. Lutheran Medical Center
Opinion of the Court
In an action to recover damages for medical malpractice, the
Ordered that the order is affirmed, with costs.
The supervision of disclosure to prevent abuse lies within the discretion of the trial court, and, absent an improvident exercise of that discretion, its determination will not be disturbed (see Kaplan v Herbstein, 175 AD2d 200 [1991]). In this case, where the plaintiff sought to obtain the medical records of another patient, the court providently exercised its discretion in granting the respondent’s motion for a protective order (see CPLR 4504). Santucci, J.P., Goldstein, Schmidt and Cozier, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.