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SCHILLING v. QUIROS

23 A.D.3d 243 (2005)

804 N.Y.S.2d 69

BETHANY SCHILLING, Respondent, v. JOSHUA QUIROS et al., Appellants.

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

November 15, 2005.

The court properly directed production of authorizations respecting defendant Quiros's eyesight and eyeglass prescriptions where his visual perception of the subject motor vehicle accident was placed in controversy in such a way as to effect a waiver of the physician-patient privilege (see Lopez v Oquendo, 262 A.D.2d 24, 25 [1999]). Defendants' willful failure to comply with the directed discovery respecting Quiros's eyesight and...

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