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AKALSKI v. COUNSELL

21610/09.

29 Misc.3d 936 (2010)

908 N.Y.S.2d 537

ROMANA AKALSKI et al., Plaintiffs, v. CHERYL COUNSELL et al., Defendants.

Supreme Court, Westchester County.

Decided September 21, 2010.

Attorney(s) appearing for the Case

Garson DeCorato & Cohen, LLP, New York City ( Yat Fai Lau of counsel), for Kyle Lipton, M.D., defendant.

Meagher & Meagher, P.C., White Plains ( Bruce W. Slane of counsel), for plaintiffs.

OPINION OF THE COURT

ALAN D. SCHEINKMAN, J.

Motion by defendant Kyle Lipton for an order (1) pursuant to CPLR 3124, compelling plaintiffs to provide medical authorizations as requested by defendants which are compliant with both HIPAA (Health Insurance Portability and Accountability Act of 1996, codified in part at 42 USC § 1320d et seq.) and Arons v Jutkowitz (9 N.Y.3d 393 [2007]), and permitting movant...

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