Schenk v. Devall

Cross appeals from an order of the Supreme Court (Plumadore, J.), entered June 21, 1993 in Saratoga County, which, inter alia, denied defendant’s motion for a protective order.

Plaintiff commenced this action against defendant in February 1990 setting forth causes of action sounding in negligence and constructive fraud based on defendant’s alleged knowing infection of plaintiff with the herpes virus. Defendant interposed a general denial to the complaint. Plaintiff then served defendant with interrogatories and a request for production of documents, including defendant’s medical records.…