Akalski v. Counsell

OPINION OF THE COURT

Alan D. Scheinkman, J.

Motion by defendant Kyle Lipton for an order (1) pursuant to CPLR 3124, compelling plaintiffs to provide medical authorizations as requested by defendants which are compliant with both HIPAA (Health Insurance Portability and Accountability Act of 1996, codified in part at 42 USC § 1320d et seq.) and Arons v Jutkowitz (9 NY3d 393 [2007]), and permitting movant’s counsel to interview plaintiffs treating physicians, or in the alternative, (2) pursuant to CPLR 3042 and 3126, precluding plaintiffs from offering proof at trial, and (3) pursuant to 22 NYCRR…