OPINION OF THE COURT
ADAMS, J.P.
The appeal in this action to recover damages for medical malpractice and wrongful death, etc., presents an issue of first impression regarding the interplay of the federal Health Insurance Portability and Accountability Act of 1996 (42 USC § 1320d et seq. [hereinafter HIPAA]) and the defense bar's informal practice of privately interviewing plaintiffs' nonparty treating physicians after a note of issue has been...
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