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DIAKO v. AGUIRRE YUNGA

3265N, 309612/11.

148 A.D.3d 438 (2017)

2017 NY Slip Op 01649

48 N.Y.S.3d 403

ELHADJ Y. DIAKO, Respondent, v. LEONARDO DANY AGUIRRE YUNGA et al., Appellants.

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

Decided March 7, 2017.

The motion court providently exercised its discretion in granting plaintiff's motion and denying defendants' cross motion (see Gumbs v Flushing Town Ctr. III, L.P., 114 A.D.3d 573, 574 [1st Dept 2014]). Plaintiff's waiver of his physician-patient privilege is limited to those conditions that he affirmatively placed in controversy (id.). Further, the hospital records defendants seek are not relevant, since plaintiff averred...

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