A plaintiff, in an action for negligent transmittal of genital herpes simplex II, may demand that the defendant submit to a blood test to determine if the latter indeed has the virus (see CPLR 3121). Since the test was ordered in conjunction with the litigation, it is not subject to the physician-patient privilege (see Connors, Practice Commentary, McKinney's Cons Laws of NY, Book 7B, CPLR C3121:2). Even were the privilege to apply, defendant waived it by asserting...
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