Conlin v. Birritella

—In an action, inter alia, to re*382cover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), entered November 8, 1996, which denied their motion to direct the defendants to provide authorizations for the release of certain medical records pursuant to CPLR 3121 (a).

Ordered that the order is affirmed, with costs.

A party seeking to inspect a defendant’s hospital or medical records must first demonstrate that the defendant’s physical condition is “in controversy” within the meaning of CPLR 3121 (a) (see, Dillenbeck v Hess, 73…