Legal Opinion
Montalto v. Heckler
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2014PublishedCited by 6 opinions
1Opinion of the Court
“In order to comply with ‘the liberal discovery provisions of the CFLR,’ a party who affirmatively places his or her medical condition into issue ‘must provide duly executed and acknowledged written authorizations for the release of pertinent medical records’ ” (M.C. v Sylvia Marsh Equities, Inc., 103 AD3d 676, 679 [2013], quoting DeLouise v S.K.I. Wholesale Beer Corp., 79 AD3d 1092, 1093 [2010]). In addition, “the defense is entitled to review records showing ‘the nature and severity of the plaintiffs prior medical conditions [which] may have an impact upon the amount of damages, if any,…
2Cases cited3 opinions
- DeLouise v. S.K.I. Wholesale Beer Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Rothstein v. Chihee HuhAppellate Division of the Supreme Court of the State of New York · 2009
- Gitlin v. ChirinkinAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by6 opinions
- O'Brien v. Village of BabylonAppellate Division of the Supreme Court of the State of New York · 2017
- DiLorenzo v. ToledanoAppellate Division of the Supreme Court of the State of New York · 2021
- Frawley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Knoll v. L&M Spring Val., LLCAppellate Division of the Supreme Court of the State of New York · 2022
- Kakharov v. ArcherAppellate Division of the Supreme Court of the State of New York · 2018
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