Opinion
2002-10665.
December 29, 2003.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Levine, J.), dated September 27, 2002, which granted the motion of the defendant Lutheran Medical Center for a protective order barring disclosure of certain medical records.
Garson, Gerspach, DeCorato Cohen, LLP, New York, N.Y., (Rachel H. Poritz of counsel), for respondent.
Before: ROBERT W. SCHMIDT and BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The supervision of disclosure to prevent abuse lies within the discretion of the trial court, and, absent an improvident exercise of that discretion, its determination will not be disturbed ( see Kaplan v. Herbstein, 175 A.D.2d 200). In this case, where the plaintiff sought to obtain the medical records of another patient, the court providently exercised its discretion in granting the respondent's motion for a protective order ( see CPLR 4504).
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.