PAGAN v. ST. JOHN'S SCH.


169 Misc.2d 248 (1996)

645 N.Y.S.2d 729

Jennifer Pagan et al., Plaintiffs, v. St. John's Preparatory School, Defendant.

Supreme Court, Queens County.

May 23, 1996


Attorney(s) appearing for the Case

Conway, Farrell, Curtin & Kelly, P. C., New York City (Eileen Monahan Carroll of counsel), for defendant. Vincent P. Di Stephan, Lake Success, for plaintiffs.


DAVID GOLDSTEIN, J.

The issue raised on this motion is whether a plaintiff, who, through the initiation and maintenance of the action, has placed in issue her physical and medical condition, may legitimately prevent defendant from obtaining disclosure of her treating physician's medical and office records.

The action was brought to recover for personal injuries sustained on March 15, 1991, at a time...

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