Kaza v. Gardner

Memorandum: Defendant’s inspection of the medical and hospital records of the Cleveland Clinic should have been permitted pursuant to CPLR 3121 (see Mendelson v Shein, 58 AD2d 859; Greuling v Breakey, 56 AD2d 540, 542). Plaintiffs may not successfully contend that because they do not intend to have a representative of the Cleveland Clinic testify at the time of the trial, 22 NYCRR 1024.25 forecloses disclosure of these records to defendant (Brooks v Hausauer, 51 AD2d 660). The time for plaintiff Pamela Kaza to furnish the authorization is extended until 20 days after entry of the order to be…