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COLACICCO v. CICORIA

167 Misc.2d 831 (1996)

637 N.Y.S.2d 1012

James Colacicco et al., Plaintiffs, v. Anthony D. Cicoria et al., Defendants.

Supreme Court, Oneida County.

January 4, 1996

Attorney(s) appearing for the Case

Hage & Hobaica (J. K. Hage III of counsel), for plaintiffs. Smith, Sovik, Kendrick & Sugnet, P. C. (James D. Lantier of counsel), for Anthony D. Cicoria, defendant. Martin, Ganotis, Brown, Mould & Currie, P. C. (John Visco of counsel), for Thomas Boman and another, defendants. Harris, Beach & Wilcox (Mark J. McCarthy of counsel), for Laura-Jean Oliva, defendant. Levene, Gouldin & Thompson (John J. Pollock of counsel), for A.O. Fox Memorial Hospital, defendant.

JOHN T. BUCKLEY, J.

Plaintiffs have moved this court for an order to compel discovery of relevant medical records in this medical malpractice action. The essence of this dispute between plaintiffs and defendant A. O. Fox Memorial Hospital is whether the requested information is shielded from discovery by a privilege created by statute. Public Health Law § 2805-m (2) provides: "Notwithstanding any other...

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