Diamond v. Ross Orthopedic Group, P.C.
Cases that cite this one
29 later published cases cite this decision. The 25 that cite it most often are listed here.
- M.C. v. Sylvia Marsh Equities, Inc. (Appellate Division of the Supreme Court of New York 2013)
- M.C. v. Sylvia Marsh Equities, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Yusupova-Millevoi v. Kingyum Transports LLC (District Court, S.D. New York 2025)
- Vodoff v. Mehmood (Appellate Division of the Supreme Court of New York 2012)
- Abdalla v. Mazl Taxi, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Weber v. Ryder TRS, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Meikle v. Medcare, LLC (Appellate Division of the Supreme Court of New York 2025)
- DiLorenzo v. Toledano (Appellate Division of the Supreme Court of New York 2021)
- Nesbitt v. Advanced Serv. Solutions (Appellate Division of the Supreme Court of New York 2019)
- Brito v. Gomez (Appellate Division of the Supreme Court of New York 2018)
- ABRAHA, LUAM K. v. ADAMS, M.D., CRISTINE M. (Appellate Division of the Supreme Court of New York 2017)
- Greco v. Wellington Leasing Ltd. Partnership (Appellate Division of the Supreme Court of New York 2016)
- 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)
- Gumbs v. Flushing Town Center III, L.P. (Appellate Division of the Supreme Court of New York 2014)
- Gumbs v. Flushing Town Center III, L.P. (Appellate Division of the Supreme Court of New York 2014)
- Moreira v. M.K. Travel & Transport, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Moreira v. M.K. Travel & Transport, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Breytman v. Olinville Realty (Appellate Division of the Supreme Court of New York 2013)
- Breytman v. Olinville Realty (Appellate Division of the Supreme Court of New York 2013)
- Gutierrez v. Trillium USA (Appellate Division of the Supreme Court of New York 2013)
- Gutierrez v. Trillium USA (Appellate Division of the Supreme Court of New York 2013)
- Doe v. Sutlinger Realty Corp. (Appellate Division of the Supreme Court of New York 2012)
- Doe v. Sutlinger Realty Corp. (Appellate Division of the Supreme Court of New York 2012)
- O'Rourke v. Chew (Appellate Division of the Supreme Court of New York 2011)
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 medical malpractice and lack of informed consent, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Martin, J.), entered August 10, 2006, as denied those branches of their motion which were to direct the plaintiff to execute authorizations for the release of the medical and hospital records requested in item Nos. 1, 2, 4, 5, 7, 9, 13, 20, 23, 24, 25, 26, 28, and 29 of the demand for authorizations dated January 4, 2006, and, in effect, denied that branch of the motion which was to direct the plaintiff to execute an authorization for item No. 16.
Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and those branches of the motion which were to direct the plaintiff to provide the defendants with authorizations for the release of her medical and hospital records requested in item Nos. 1, 2, 4, 5, 7, 9, 13, 16, 20, 23, 24, 25, 26, 28, and 29 of the demand for authorizations dated January 4, 2006, are granted.
“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 CFLR . . . 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 [1983]; see Dillenbeck v Hess, 73 NY2d 278 [1989]; Avila v 106 Corona Realty Corp., 300 AD2d 266, 267 [2002]). Here, the plaintiff affirmatively placed her entire medical condition in controversy through the broad allegations of physical injury and mental anguish contained in her bill of particulars (see Avila v 106 Corona Realty Corp., supra; St. Clare v Cattani, 128 AD2d 766 [1987]; Daniele v Long
Case-law data current through December 31, 2025. Source: CourtListener bulk data.