Opinion
11098N Index 150202/16
02-20-2020
Christopher J. LAFATA, et al., Plaintiffs–Respondents, v. VERIZON COMMUNICATIONS INC., et al., Defendants–Appellants. [And Other Actions]
Morris Duffy Alonso & Faley, New York (Iryna S. Krauchanka of counsel), for appellants. Arye, Lustig & Sassower, P.C., New York (Robert M. Fiala of counsel), for respondents.
Morris Duffy Alonso & Faley, New York (Iryna S. Krauchanka of counsel), for appellants.
Arye, Lustig & Sassower, P.C., New York (Robert M. Fiala of counsel), for respondents.
Renwick, J.P., Mazzarelli, Gesmer, Kern, JJ.
Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about June 21, 2019, which, inter alia, in this action where plaintiff was injured when he fell from a scissor lift while working as an electrician, denied defendants' motion to compel plaintiff to provide authorizations for various medical records, unanimously affirmed, without costs.
The motion court did not improvidently exercise its discretion in denying defendants motion to compel plaintiff to produce authorizations for his primary care providers, various specific medical providers, and his pharmacy records on the ground that plaintiff's allegations placed his entire medical condition in issue (see Gumbs v. Flushing Town Ctr. III, L.P., 114 A.D.3d 573, 981 N.Y.S.2d 394 [1st Dept. 2014] ). Defendants failed to adduce any evidence showing that plaintiff sought treatment from his primary care physician or the named providers for the body parts that plaintiff alleges were injured in the subject accident. Defendants also failed to adduce any evidence showing that plaintiff received prescriptions to treat those body parts (see Rohan v. Turner Constr. Co., 158 A.D.3d 436, 67 N.Y.S.3d 819 [1st Dept. 2018] ; Spencer v. Willard J. Price Assoc., LLC, 155 A.D.3d 592, 63 N.Y.S.3d 854 [1st Dept. 2017] ; Diako v. Yunga, 148 A.D.3d 438, 48 N.Y.S.3d 403 [1st Dept. 2017] ). Although defendants claim they are entitled to medical records relating to aggravation of injuries sustained in a prior motor vehicle accident (see McGlone v. Port Auth. of N.Y. & N.J., 90 A.D.3d 479, 934 N.Y.S.2d 161 [1st Dept. 2011] ), they did not tailor their demands accordingly (compare Colwin v. Katz, 102 A.D.3d 449, 961 N.Y.S.2d 2 [1st Dept. 2013] ).