Poser v. Varnovitsky

Appeal from an order of the Supreme Court (Egan, Jr., J.), entered April 20, 2007 in Ulster County, which granted defendant’s motion to compel certain disclosure by plaintiffs.

Plaintiffs, a mother and her son, commenced this medical malpractice action against the latter’s pediatrician, who allegedly failed to diagnose a corneal tear in his eye. After formal discovery was concluded and a note of issue filed, defendant successfully moved for an order compelling plaintiff Christine O’Brien to execute medical authorizations that comply with the Health Insurance Portability and Accountability Act…