From Casetext: Smarter Legal Research

Figueroa v. Palmer

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1998
252 A.D.2d 539 (N.Y. App. Div. 1998)

Opinion

July 20, 1998

Appeal from the Supreme Court, Kings County (Dowd, J.).


Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the motion which was to compel the plaintiff to provide certain medical authorizations, including those necessary to obtain the records of all of the plaintiff's psychiatric hospitalizations, is granted.

The plaintiff allegedly sustained injuries when his bicycle was struck by the defendant's vehicle. The plaintiff claims that the accident caused a relapse and exacerbation of a longstanding psychiatric condition, for which he had been hospitalized a number of times over the preceding 20 years. The defendant moved, inter alia, to compel the plaintiff to provide authorizations to obtain his prior medical history, including certain psychiatric records, and the court denied the motion. Under the circumstances, the plaintiff's entire psychiatric history is material and necessary to the defense of this action, and the defendant is entitled to full discovery regarding it ( see, CPLR 3101 [a]; see also, Kenyon v. Caruso Dev. Co., 167 A.D.2d 966).

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.


Summaries of

Figueroa v. Palmer

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1998
252 A.D.2d 539 (N.Y. App. Div. 1998)
Case details for

Figueroa v. Palmer

Case Details

Full title:RICHARD FIGUEROA, Respondent, v. SYLVESTER PALMER, Appellant

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

Date published: Jul 20, 1998

Citations

252 A.D.2d 539 (N.Y. App. Div. 1998)
675 N.Y.S.2d 625