Gumbs v. Flushing Town Center III, L.P.

Freedman and Gische, JJ.,

dissent in a memorandum by Gische, J., as follows: I respectfully dissent and would reverse the order denying defendants’ motion and would direct the production of the requested discovery because plaintiff, by claiming that his enumerated injuries have resulted in his permanent inability to work and permanent or long lasting loss of enjoyment *575of life, has placed his general health and medical history at issue.

James Gumbs was supervising work at a construction site when the accident occurred. He claims to have sustained a fractured ankle, bilateral shoulder injuries…