Wilk v. Muth

OPINION OF THE COURT

Harry R. Brown, J.

This is an application by defendant for an order pursuant to CPLR 3103 suppressing a report obtained by plaintiff from defendant prior to the institution of this action.

The facts reveal that on or about July 19, 1984 plaintiff visited defendant’s office complaining of a painful ankle. Defendant treated plaintiff at that time and again on August 21, 1984 at which time defendant referred plaintiff to an orthopedic surgeon. On or about July 12, 1985, the law firm of Shapiro & Yankowitz wrote to defendant regarding his treat*477ment of plaintiff. In the letter,…