Reed v. Cantwell

OPINION OF THE COURT

Harold J. Hughes, J.

The defendant moves for an order pursuant to CPLR 3120 (subd [b]) compelling a nonparty witness to produce copies of records which are material and necessary to the defense of this action.

This is an action by the plaintiff to recover for personal injuries sustained in a collision between his motorcycle and an automobile operated by the defendant. On January 19, 1981 the defendant’s attorney served a notice for discovery and inspection demanding that plaintiff provide executed medical authorizations entitling him to inspect *794and copy the office records, X…