Muzio v. Anthony R. Napolitano, M.D., P.C.

*948The defendants in this medical malpractice action conducted an interview of the plaintiffs treating physician, a nonparty, without obtaining a valid authorization pursuant to the Health Insurance Portability and Accountability Act of 1996 (Pub L No 104-191, 110 Stat 1936 [1996]). Notwithstanding the fact that the plaintiff placed her medical condition in controversy, the defendants were required to obtain an authorization expressly permitting an interview with her treating physician prior to conducting the interview (see Arons v Jutkowitz, 9 NY3d 393 [2007]; Porcelli v Northern Westchester…