TERZO v. HOSPITAL FOR SPECIAL SURGERY

Nos. 6735, 111839/09.

95 A.D.3d 551 (2012)

944 N.Y.S.2d 79

2012 NY Slip Op 3713

DIANE DEL TERZO et al., Respondents, v. HOSPITAL FOR SPECIAL SURGERY et al., Appellants.

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

Decided May 10, 2012.


The underlying motion pursuant to CPLR 3124 and 3126 stems from plaintiff's refusal to authorize the release of HIV-related information, alcohol/drug treatment information and mental health information. Defendants argue that this information has a bearing on plaintiff's life expectancy and is therefore material to plaintiff's claims for future damages. Defendants generally rely on CPLR 3101 (a) insofar as it provides for "full disclosure of all matter material and necessary...

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