B.S. v. B.F.

Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered December 18, 2015, which, to the extent appealed from, denied defendant husband’s motion to compel discovery from plaintiff wife, unanimously affirmed, without costs.

The motion court providently exercised its discretion in denying defendant’s motion seeking records regarding plaintiff’s mental and medical health, since plaintiff did not waive the physician-patient privilege by making any claims or taking any positions that placed her physical or mental condition “in controversy” (CPLR 3121 [a]; see generally Wegman v…