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PALIOURAS v. DONOHUE

2010-11762.

89 A.D.3d 1070 (2011)

933 N.Y.S.2d 618

2011 NY Slip Op 8736

PETROS PALIOURAS, Respondent, v. NICHOLAS J. DONOHUE et al., Appellants.

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

Decided November 29, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

A party or parties seeking to inspect a plaintiff's medical records must first demonstrate that the plaintiff's physical or mental condition is "in controversy" within the meaning of CPLR 3121 (a), and it is only after such an evidentiary showing that discovery may proceed under the statute (see Dillenbeck v Hess, 73 N.Y.2d 278, 287 [1989]; Koump...

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