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AYCADI v. BARON

302 A.D.2d 313 (2003)

756 N.Y.S.2d 39

FREDDY AYCADI, Respondent, v. IRVING BARON et al., Appellants.

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

Decided February 27, 2003.

The court erred in granting the motion, in that it ignored the mandate of CPLR 3121 (a), which requires that in order for a party to obtain discovery of records relating to another party's physical or mental condition, the moving party, plaintiff here, must first demonstrate that the other party has affirmatively placed his or her physical or mental condition in controversy (Dillenbeck v Hess, 73 N.Y.2d...

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