Ziske v. Luskin

OPINION OF THE COURT

Fred T. Santucci, J.

In this medical malpractice action the defendant moves to discover and inspect, by way of authorization, the records relative to marriage counseling of the plaintiffs in the possession of Reverend Dr. Thomas Morrow.

The plaintiffs resist the defendant’s demand asserting their clergyman-penitent privilege citing CPLR 4505 which sets forth the following: "Unless the person confessing or confiding *39waives the privilege, a clergyman, or other minister of any religion or duly accredited Christian Science practitioner, shall not be allowed to disclose a…