Iseman v. Delmar Medical-Dental Building, Inc.

Kane, J. P. (dissenting).

Although we agree with the majority’s finding that defendant Delmar Medical-Dental Building, Inc. (hereinafter defendant), is not foreclosed from contesting the order appealed from (see, Cherchio v Alley, 111 AD2d 541, 542; De Ronda v Greater Amsterdam School Dist., 91 AD2d 1088, 1090), in our opinion plaintiff Milla H. Iseman (hereinafter plaintiff) has waived her physician-patient privilege.

It is well settled that a person waives the physician-patient privilege when he puts his physical condition in controversy or voluntarily discloses or testifies to the details of…