Martin v. Martelli

OPINION OF THE COURT

Joseph J. Sedita, J.

Defendant seeks the disclosure of plaintiff’s mental health records and plaintiff opposes same. Plaintiff was allegedly injured in an automobile accident involving a vehicle driven by the defendant.

It is settled law that a plaintiff seeking recovery for alleged *1057physical injuries implicitly waives his right to object to the disclosure of his medical records to the extent that they might be relevant to the lawsuit under which he seeks a recovery (see, Hoenig v Westphal, 52 NY2d 605). It would seem axiomatic, therefore, that if psychological injuries were…