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HUNLOCK v. NEW YORK CITY TRANSIT AUTHORITY

Index No. 153113/17. Appeal No. 13842N. Case No. 2020-03279.

194 A.D.3d 522 (2021)

148 N.Y.S.3d 104

2021 NY Slip Op 03115

Brianne Hunlock, Respondent, v. New York City Transit Authority, Appellant.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Barry McTiernan & Moore LLC, New York ( Claire F. Rush of counsel), for appellant.

Kelner & Kelner, New York ( Joshua D. Kelner of counsel), for respondent,

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

The motion court providently compelled disclosure of plaintiff's medical and psychological records for the six-month period preceding the accident and denied defendant's demand for disclosure of medical and psychological records dating back eight years before the accident. Defendant demonstrated that records dating back to the beginning of 2016 were material and necessary to determining whether plaintiff's February 2016 hospitalization was related to the accident that caused...

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