Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that the plaintiff waived his right to assert the physician-patient privilege by affirmatively and voluntarily placing his medical condition in controversy. In addition to testifying on direct examination about his medical history and condition at both the deposition on May 17, 1993, and the contempt hearing on June 8, 1993, the plaintiff tendered two letters from physicians concerning...
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