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CARBONI v. NEW YORK MEDICAL COLLEGE

290 A.D.2d 473 (2002)

736 N.Y.S.2d 250

SUSAN CARBONI, Respondent-Appellant, v. NEW YORK MEDICAL COLLEGE et al., Defendants, and RAMAMOHANA R. KANCHERLA et al., Appellants-Respondents.

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

Decided January 22, 2002.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, and that branch of the plaintiff's motion which was for a protective order denying the defendants' requests for collateral source records is granted; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

It is well settled that a party waives the physician-patient privilege by affirmatively...

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