POSER v. VARNOVITSKY


46 A.D.3d 1295 (2007)

849 N.Y.S.2d 118

GREGORY POSER, an Infant, by His Mother and Guardian, CHRISTINE O'BRIEN, et al., Appellants, v. TAMARA VARNOVITSKY, Respondent.

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

Decided December 27, 2007.


Spain, J.

Plaintiffs, a mother and her son, commenced this medical malpractice action against the latter's pediatrician, who allegedly failed to diagnose a corneal tear in his eye. After formal discovery was concluded and a note of issue filed, defendant successfully moved for an order compelling plaintiff Christine O'Brien to execute medical authorizations that comply with the Health Insurance Portability and Accountability Act of 1996 (see 42 USC § 1320d...

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