Simpson v. K Mart Corp.

Appeal from that part of an order of the Supreme Court (Keegan, J.), entered May 29, 1992 in Albany County, which granted plaintiffs motion to quash a subpoena duces tecum.

This is a products liability action for an injury to plaintiffs eye allegedly caused by being struck by a defective bungee cord sold to plaintiff by defendant. During the course of pretrial discovery defendant was furnished various medical records of plaintiff’s treatment for the eye injury. Among them was a report of examination and treatment by Ronald Carr, a New York City opthalmologist, apparently upon a referral from…