Opinion
February 27, 1989
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the appeal from the order dated September 1, 1987 is dismissed, without costs or disbursements, as that order was superseded by the order dated November 12, 1987; and it is further,
Ordered that the order dated November 12, 1987 is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiffs are awarded one bill of costs.
Contrary to the defendants' contentions on appeal, upon reargument of the order dated September 1, 1987, the Supreme Court afforded them the full measure of disclosure to which they were entitled with regard to the medical records of the infant plaintiff's nonparty siblings in light of the allegations made in the complaint and the bill of particulars (see, Dalley v LaGuardia Hosp., 130 A.D.2d 543; Scharlack v Richmond Mem. Hosp., 102 A.D.2d 886).
Moreover, we concur in the Supreme Court's conclusion that the examination before trial of the infant plaintiff's mother fails to establish any waiver of the physician-patient privilege as to the infant plaintiff's siblings. The excerpts contained in the record reveal, at best, Mrs. Yetman's discussion in general terms of, inter alia, various factual incidents surrounding the births of the infant plaintiff's siblings, from which no waiver can be inferred (cf., Williams v Roosevelt Hosp., 66 N.Y.2d 391). Mangano, J.P., Lawrence, Rubin and Kooper, JJ., concur.