Opinion
5102N, 302682/13.
11-30-2017
Vivian SPENCER, Plaintiff–Respondent, v. WILLARD J. PRICE ASSOCIATES, LLC, et al., Defendants–Appellants.
Babchik & Young, LLP, White Plains (Thomas G. Connolly of counsel), for appellants. Arze & Mollica, LLP, Brooklyn (Raymond J. Mollica of counsel), for respondent.
Babchik & Young, LLP, White Plains (Thomas G. Connolly of counsel), for appellants.
Arze & Mollica, LLP, Brooklyn (Raymond J. Mollica of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Kahn, Moulton, JJ.
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered August 18, 2016, which, to the extent appealed from as limited by the briefs, denied defendants' motion to compel plaintiff to provide an authorization for her Social Security Disability records, unanimously affirmed, without costs.
In this slip and fall action, plaintiff seeks to recover for orthopedic injuries allegedly sustained to her knees, neck, back and shoulder. Under the circumstances, the motion court did not improvidently exercise its discretion in denying defendants' motion to compel discovery of over 20 years of disability records relating to other conditions (see Gumbs v. Flushing Town Ctr. III, L.P., 114 A.D.3d 573, 981 N.Y.S.2d 394 [1st Dept.2014] ). By bringing suit to recover for her physical injuries, plaintiff waived the physician-patient privilege as to all medical records relating "to those conditions affirmatively placed in controversy" ( Felix v. Lawrence Hosp. Ctr., 100 A.D.3d 470, 471, 953 N.Y.S.2d 505 [1st Dept.2012] ), but the court reasonably found that she did not place in issue her entire medical condition, including her diabetic condition and high blood pressure (see Kenneh v. Jey Livery Serv., 131 A.D.3d 902, 16 N.Y.S.3d 726 [1st Dept.2015] ; Gumbs at 574, 981 N.Y.S.2d 394 ).