SCHNOBRICH v. SCHNOBRICH


198 A.D.2d 850 (1993)

604 N.Y.S.2d 657

Pamela Schnobrich, Individually and as Mother and Natural Guardian of Mark Schnobrich, Jr., and Another, Infants, Plaintiff, v. Mark J. Schnobrich, Sr., Appellant, and Brian Beach et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 1993


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting the motion of defendants Beach and Pepsi Cola for an order requiring defendant Mark J. Schnobrich, Sr., to execute an authorization permitting them to obtain his medical records. CPLR 3121 (a) authorizes discovery of a party's mental or physical condition when that party's condition has been placed in controversy. Even where a party's physical condition...

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