Opinion
2003-06711.
Submitted October 23, 2003.
November 24, 2003.
In a consolidated action, inter alia, to recover damages for medical malpractice and wrongful death, the defendant North Shore University Hospital appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated June 16, 2003, as granted the plaintiff's motion to strike its answer to the extent of directing the hospital to produce a copy of the operating room log for January 30, 1995, redacted only as to the names, room numbers, and account numbers of the nonparty patients.
Fumuso, Kelly, DeVerna, Snyder, Swart Farrell, LLP, Hauppauge, N.Y. (Scott G. Christesen of counsel), for appellant and defendants I. Michael Leitman, Larry Frankini, Robert Allen Cherry, and Sharon McLaughlin.
Norman Leonard Cousins, New York, N.Y., for respondent.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES and BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, with costs, and the motion is denied.
The defendant North Shore University Hospital previously complied with the plaintiff's demand for a copy of the operating room log for January 30, 1995. The plaintiff was not entitled to obtain any additional information regarding the diagnoses, treatments, and medical and surgical procedures listed on the operating room log for the nonparty patients ( see CPLR 4504; Holiday v. Harrows, Inc., 91 A.D.2d 1062; Matter of Ashford v. Brunswick Psychiatric Ctr., 90 A.D.2d 848; Moore v. St. John's Episcopal Hosp., 89 A.D.2d 618; Boddy v. Parker, 45 A.D.2d 1000). Accordingly, the plaintiff's motion should have been denied.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.