Legal Opinion
Rega v. Avon Products, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2008PublishedCited by 11 opinions
1Opinion of the Court
CPLR 3101 (a) calls for “full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.” Evidence is “material” if sought “in good faith for possible use as evidence-in-chief or in rebuttal or for cross-examination” (Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 407 [1968] [quoting other authority]). Furthermore, waiver of a physician-patient privilege occurs when a party voluntarily and affirmatively inserts the issue of a physical or mental defect or condition into the litigation by way of testimony or written submission…
2Cases cited5 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Avila v. 106 Corona Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Vanalst v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Caplow v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Noble v. AckermanAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by11 opinions
- McGlone v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Mayer v. HoangAppellate Division of the Supreme Court of the State of New York · 2011
- Colwin v. KatzAppellate Division of the Supreme Court of the State of New York · 2013
- Rom v. Eurostruct, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Joseph v. EdunAppellate Division of the Supreme Court of the State of New York · 2023
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