COLWIN v. KATZ

8968, 111400/09.

102 A.D.3d 449 (2013)

2013 NY Slip Op 50

MERCEDES COLWIN, Respondent, v. BRUCE KATZ, M.D., et al., Appellants, et al., Defendant.

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

Decided January 8, 2013.


In this medical malpractice action, plaintiff alleges that defendant dermatologist Bruce Katz, M.D. caused her to suffer an "aggravation of a pre-existing latent and asymptomatic degenerative condition." Accordingly, defendants sought authorizations for those portions of plaintiff's dental records that discuss her medical history. Inasmuch as plaintiff has clearly voluntarily put her prior medical condition at issue (CPLR 4504 [a]; see Dillenbeck v Hess,

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