McConnell v. Santana

The Supreme Court erred in granting that branch of the plaintiffs motion which was to compel disclosure of item No. 1 of the notice dated July 28, 2003. Under item No. 1, the plaintiff sought authorization to obtain the medical records of the defendant Hiram Santana from the hospital where he was treated immediately after the accident. The plaintiff failed to demonstrate that Santana’s mental or physical condition at the time of the accident was “in controversy” (CPLR 3121 [a]; see Dillenbeck v Hess, 73 NY2d 278, 286-287 [1989]; Koump v Smith, 25 NY2d 287, 300 [1969]; Lombardi v Hall, 5 AD3d…