Rodriguez v. New York City Transit Authority

OPINION OF THE COURT

Herbert Shapiro, J.

In this negligence action, the defendant New York City Transit Authority (NYCTA) moves for a protective order with respect to items 10, 18 and 23 (a) of the plaintiff’s demand for discovery.

The portion of the motion addressed to item 23 (a) raises an interesting question. This item requests the reports of all *1028medical examinations, laboratory tests and urine analysis of the motorman of the train allegedly involved in the incident.

NYCTA, the motorman’s employer, opposes the production of the medical and laboratory reports based upon the contention that…