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RACHKO v. NEW YORK MEDICAL GROUP, P. C.

269 A.D.2d 298 (2000)

703 N.Y.S.2d 149

ANDREW RACHKO et al., Respondents, v. NEW YORK MEDICAL GROUP, P. C., et al., Appellants.

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

Decided February 24, 2000.

The disclosure plaintiff seeks is material and necessary to whether the alleged seven-month delay in treating his tumor was linked to incentives in the medical group's physician-shareholder compensation policies to limit patient care by withholding referrals, tests and consultations. Any such incentives would be within the medical group's exclusive knowledge. We also note the absence of any appeal from the prior order of another Justice dated May 12, 1998, which denied defendants...

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