Pagan v. St. John's Preparatory School

OPINION OF THE COURT

David Goldstein, J.

*249The issue raised on this motion is whether a plaintiff, who, through the initiation and maintenance of the action, has placed in issue her physical and medical condition, may legitimately prevent defendant from obtaining disclosure of her treating physician’s medical and office records.

The action was brought to recover for personal injuries sustained on March 15, 1991, at a time when the infant plaintiff, then age 17, was attending defendant’s school. She was injured while in a physical education class and gymnastic program.

On several occasions during…