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REGA v. AVON PRODUCTS, INC.

49 A.D.3d 329 (2008)

854 N.Y.S.2d 688

ANTHONY REGA, Appellant, v. AVON PRODUCTS, INC., et al., Respondents, et al., Defendant. AVON PRODUCTS, INC., et al., Third-Party Plaintiffs-Respondents, v. PITNEY BOWES, INC., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided March 11, 2008.

CPLR 3101 (a) calls for "full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof." Evidence is "material" if sought "in good faith for possible use as evidence-in-chief or in rebuttal or for cross-examination" (Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403, 407 [1968] [quoting other authority]). Furthermore, waiver of a physician-patient privilege occurs...

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