Legal Opinion
Schnobrich v. Schnobrich
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1993PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in granting the motion of defendants Beach and Pepsi Cola for an order requiring defendant Mark J. Schnobrich, Sr., to execute an authorization permitting them to obtain his medical records. CPLR 3121 (a) authorizes discovery of a party’s mental or physical condition when that party’s condition has been placed in controversy. Even where a party’s physical condition is in controversy, however, discovery will be precluded if the information falls within the physician-patient privilege and that…
2Cases cited4 opinions
- Koump v. SmithNew York Court of Appeals · 1969
- Dillenbeck v. HessNew York Court of Appeals · 1989
- Pierson v. DaytonAppellate Division of the Supreme Court of the State of New York · 1991
- Gandy v. LarkinsAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by5 opinions
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- McMahon v. Estate of MarianacciAppellate Division of the Supreme Court of the State of New York · 1993
- Peterson v. Geneva B. Scruggs Community Health Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1995