Dominique D. v. Koerntgen
Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered July 11, 2012. The order, inter alia, granted the motion of defendant Robert Koerntgen to compel plaintiff to provide authorizations permitting disclosure of certain records.
It is hereby ordered that the order so appealed from is
In view of the injuries alleged by plaintiff, we agree with defendant that plaintiff waived her physician-patient privilege with respect to the records sought, and that those records may be material and necessary to the defense of the action (see Donald v Ahern, 96 AD3d 1608, 1610 [2012]; Rothstein v Huh, 60 AD3d 839, 839-840 [2009]). We further conclude, however, that there may be information in plaintiffs records that is irrelevant to this action, and there are legitimate concerns with respect to “the unfettered disclosure of sensitive and confidential information” contained in those records (Cynthia B. v New Rochelle Hosp. Med. Ctr., 60 NY2d 452, 460 [1983]; see Donald, 96 AD3d at 1610-1611). We therefore modify the order by denying defendant’s motion to the extent that it seeks authorizations for the full disclosure of the records sought and by granting plaintiffs cross motion to the extent that it seeks the alternative relief of an in camera review of the records, and we remit the matter to Supreme Court for an in camera review of those records and the redaction of any irrelevant information therefrom (see Donald, 96 AD3d at 1611; Nichter v Erie County Med. Ctr. Corp., 93 AD3d 1337, 1338 [2012]; Tirado v Koritz, 77 AD3d 1368, 1369 [2010]). Present — Smith, J.P., Fahey, Garni, Sconiers and Whalen, JJ.
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