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STEELE v. CLIFTON SPRINGS

6 Misc.3d 953 (2005)

788 N.Y.S.2d 587

STEPHEN STEELE, Individually and as Administrator of the Estate of GLORIA STEELE, Deceased, Plaintiff, v. CLIFTON SPRINGS HOSPITAL AND CLINIC et al., Defendants.

Supreme Court, Monroe County.

January 21, 2005.

Attorney(s) appearing for the Case

Somerset Law Office, Canandaigua (Margaret Somerset of counsel), for Clifton Springs Hospital and Clinic and another, defendants.

Hirsch & Tubiolo, P.C., Rochester (Richard S. Tubiolo of counsel), for Robert S. Knapp, defendant.

Foley & Foley, Palmyra (James F. Foley of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT J. LUNN, J.

In this medical malpractice action, defendants move for an order compelling plaintiff to execute and provide to them Health Insurance Portability and Accountability Act (HIPAA) compliant medical authorizations permitting defense counsel to meet with plaintiff's subsequent treating physicians. In the alternative, defendants seek to preclude plaintiff from calling as witnesses at trial any treating physician for which...

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