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GILL v. MANCINO

8 A.D.3d 340 (2004)

777 N.Y.S.2d 712

ROBERT GILL et al., Respondents, v. LAWRENCE MANCINO, Appellant.

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

June 7, 2004.

Ordered that the order is affirmed, without costs or disbursements.

CPLR 3101 (a) provides for disclosure of "all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof." By commencing this action to recover damages for medical malpractice, the plaintiff Robert Gill waived the physician-patient privilege with respect to his relevant past medical history (see Cynthia B. v New Rochelle Hosp. Med. Ctr.,

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