Opinion
02-22-2017
Nicholas TOMEI, respondent, v. TOWN OF RIVERHEAD, et al., defendants, Froehlich Farm Corporation, appellant.
Jeffrey Samel, New York, N.Y. (Robert G. Spevack of counsel), for appellant. Rosenberg & Gluck, LLP, Holtsville, N.Y. (Matthew Bligh of counsel), for respondent.
Jeffrey Samel, New York, N.Y. (Robert G. Spevack of counsel), for appellant.
Rosenberg & Gluck, LLP, Holtsville, N.Y. (Matthew Bligh of counsel), for respondent.
In an action to recover damages for personal injuries, the defendant Froehlich Farm Corporation appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), dated January 9, 2015, which denied its motion pursuant to CPLR 3124 to compel the plaintiff to comply with its demand for an authorization for the release of treatment records from a rehabilitation facility.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the appellant's motion to compel the plaintiff to provide an authorization for the release of his treatment records from a rehabilitation facility, as the plaintiff withdrew his claim to recover damages for injuries related to that treatment (see Alford v. City of New York, 116 A.D.3d 483, 983 N.Y.S.2d 522 ; Salazar v. 521–533 W. 57th St. Condominium, 84 A.D.3d 927, 923 N.Y.S.2d 182 ; Cruci v. General Elec. Co., 33 A.D.3d 840, 824 N.Y.S.2d 316 ; Goldberg v. Fenig, 300 A.D.2d 439, 440, 751 N.Y.S.2d 546 ; Carboni v. New York Med. Coll., 290 A.D.2d 473, 473–474, 736 N.Y.S.2d 250 ; Strong v. Brookhaven Mem. Hosp. Med. Ctr., 240 A.D.2d 726, 659 N.Y.S.2d 104 ).
CHAMBERS, J.P., AUSTIN, HINDS–RADIX and BARROS, JJ., concur.