LOTT v. SOUTHSIDE HOSPITAL


278 A.D.2d 387 (2000)

717 N.Y.S.2d 632

PAMELA LOTT, as Mother and Natural Guardian of JAMAL JORDAN, an Infant, Respondent, v. SOUTHSIDE HOSPITAL et al., Defendants, and GIANG TUONG NGUYEN, Appellant.

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

Decided December 18, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the plaintiff's cross motion which was for a protective order as the medical records sought by the appellant are protected by the physician/patient privilege. The infant plaintiff's mother did not waive her physician/patient privilege by commencing this action on behalf of the infant plaintiff (see, Sibley v Hayes 73 Corp.,

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