Legal Opinion

Weber v. Ryder TRS, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 25, 2008PublishedCited by 7 opinions

1Opinion of the Court

*866A party must provide duly executed and acknowledged written authorizations for the release of pertinent medical records when that party has waived the physician-patient privilege by affirmatively putting his or her physical or mental condition in issue (see CPLR 3121 [a]; Dillenbeck v Hess, 73 NY2d 278 [1989]; Cynthia B. v New Rochelle Hosp. Med. Ctr., 60 NY2d 452, 456-457 [1983]; Diamond v Ross Orthopedic Group, P.C., 41 AD3d 768 [2007]), and CPLR 3101 (a) requires full disclosure of all evidence material and necessary to the prosecution or defense of an action, regardless of the burden of…

2Cases cited5 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Dillenbeck v. HessNew York Court of Appeals · 1989
  3. Cynthia B. v. New Rochelle Hospital Medical CenterNew York Court of Appeals · 1983
  4. Diamond v. Ross Orthopedic Group, P.C.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Vanalst v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by7 opinions

  1. Abdalla v. Mazl Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. GOETCHIUS, JOYCE A. v. SPAVENTO, M.D., PERRY J.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Vodoff v. MehmoodAppellate Division of the Supreme Court of the State of New York · 2012
  4. Corbey v. AllamAppellate Division of the Supreme Court of the State of New York · 2009
  5. D.M. v. J.E.M.New York City Family Court · 2009

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