Opinion
May 1, 1997
Appeal from Supreme Court, New York County (Norman Ryp, J.).
Appellant driver's deposition testimony regarding her ingestion of prescription medication just before she was served alcohol by defendant-respondent, in conjunction with appellants' cross claim for indemnification, constitutes an affirmative assertion of her medical condition ( see, Koump v. Smith, 25 N.Y.2d 287, 294-295), and a waiver of any doctor-patient privilege concerning the medical and prescription records sought by respondent ( see, Dillenbeck v. Hess, 73 N.Y.2d 278, 287).
Concur — Sullivan, J.P., Milonas, Nardelli, Williams and Mazzarelli, JJ.