KENNEDY v. WARE

Index No. 153689/16. Appeal No. 15168. Case No. 2020-04249.

201 A.D.3d 589 (2022)

157 N.Y.S.3d 718

2022 NY Slip Op 00503

Gregory Kennedy, Respondent, v. Kevin Ware et al., Appellants.

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

Decided January 27, 2022.


Attorney(s) appearing for the Case

Armienti, DeBellis & Rhoden, LLP, New York ( Vanessa M. Corchia of counsel), for appellants.

Wingate, Russotti, Shapiro, Moses and Halperin, LLP, New York ( David M. Schwarz of counsel), for respondent.

Concur— Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.


Supreme Court providently exercised its discretion in determining that defendants are not entitled to disclosure of medical records involving plaintiff's 1991 treatment for an umbilical hernia, since defendants failed to show how that treatment was related to the neck, back, and right shoulder injuries plaintiff alleges he suffered in the motor vehicle accident underlying this action (see Forman v Henkin, 30 N.Y.3d 656, 665-666 ...

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