Rosenthal v. Cullen & Dykman

In an action, inter alia, to recover damages for invasion of privacy, the plaintiff appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated September 26, 1994, which denied its motion for partial summary judgment on the issue of liability and granted the defendants’ cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff waived his right to assert the physician-patient privilege by affirmatively and voluntarily placing his medical condition in controversy. In addition to…