Ricci v. Memorial Hospital

Full title: SHIRLEEN A. RICCI et al., Respondents, v. MEMORIAL HOSPITAL, Appellant

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 3, 1994

209 A.D.2d 786 (N.Y. App. Div. 1994)

618 N.Y.S.2d 589

Opinion

November 3, 1994

Appeal from the Supreme Court, Albany County (Kahn, J.).

White, J.

Control of disclosure is within the sphere of the trial court's broad discretionary power and, absent abuse, should not be disturbed (see, Dunlap v. United Health Servs., 189 A.D.2d 1072; Soper v. Wilkinson Match [USA], 176 A.D.2d 1025). Applying this principle here, we affirm since we agree with Supreme Court that defendant did not establish the necessity for a second physical examination and, more particularly, a psychiatric examination of plaintiff Shirleen A. Ricci.

Cardona, P.J., Mikoll, Mercure and Casey, JJ., concur. Ordered that the order is affirmed, with costs.