Opinion
December 1, 1994
Appeal from the Supreme Court, Bronx County (Howard Silver, J.).
In this action for personal injuries where plaintiff has alleged, inter alia, a claim for lost earnings, the IAS Court properly granted appellant's motion to the limited extent of ordering an in camera inspection of post-accident hospital records of treatment received by plaintiff for an undisclosed medical condition which plaintiff maintains is unrelated to the injuries claimed in the action. Appellant has failed to date to show that these records are material and necessary to its defense of plaintiff's claim for lost earnings (cf., Caplow v Otis El. Co., 176 A.D.2d 199; see, Iseman v Delmar Med.-Dental Bldg., 113 A.D.2d 276, 279). The remedy fashioned by the IAS Court is reasonable.
We additionally find proper the IAS Court's denial of appellant's request for production of plaintiff's income tax records for periods after the accident since appellant's asserted need to verify plaintiff's disability and claimed lost earnings may be satisfied by resort to alternative sources (see, Berger v Fete Cab Corp., 57 A.D.2d 784).
Concur — Murphy, P.J., Rosenberger, Ross, Rubin and Williams, JJ.