KENNEH v. JEY LIVERY SERVICE

15742N, 300630/13.

131 A.D.3d 902 (2015)

16 N.Y.S.3d 726

2015 NY Slip Op 06993

LASSANA KENNEH et al., Respondents, v. JEY LIVERY SERVICE et al., Appellants.

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

Decided September 29, 2015.


By bringing this action to recover damages for serious injuries allegedly suffered to his right knee, shoulders and spine as the result of a motor vehicle accident, plaintiff waived the physician-patient privilege as to all medical records pertinent to those conditions (see Cynthia B. v New Rochelle Hosp. Med. Ctr., 60 N.Y.2d 452, 456-457 [1983]; CPLR 3121[a]; 4504[a]). The motion court providently exercised its discretion in determining...

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