WINSLOW v. NEW YORK-PRESBYTERIAN/WEILL-CORNELL MEDICAL CENTER

Index No. 100348/20. Appeal No. 15528. Case No. 2021-02175.

203 A.D.3d 533 (2022)

161 N.Y.S.3d 775

2022 NY Slip Op 01760

Jonathan Patrick Winslow, Appellant, v. New York-Presbyterian/Weill-Cornell Medical Center et al., Respondents.

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

Decided March 15, 2022.


Attorney(s) appearing for the Case

Jonathan P. Winslow, appellant pro se.

Martin Clearwater & Bell LLP, East Meadow ( Gregory A. Cascino of counsel), for New York-Presbyterian/Weill-Cornell Medical Center, Sheyla Reyes, David Brda, MD., Benjamin Brinton, MD, Thomas Henry Finch, MD, David Hankins, MD, Darlene Mary Mitera, MD, New York-Presbyterian/Payne, Whitney Psychiatric Clinic, Katherine Goettsche, MD, Daphne Loubriel, MD, and Patricia Murphy, MSW, for respondents.

Lebedin Kofman, LLP, New York ( Michael S. Leinoff , of counsel), for Barbara Winslow, respondent.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.


Plaintiff failed to establish his entitlement to a protective order (see generally e.g. Spectrum Sys. Intl. Corp. v Chemical Bank, 78 N.Y.2d 371, 377 [1991]). Given the allegations in the complaint and the bill of particulars, plaintiff waived his physician-patient privilege in the records sought by the NYPH defendants (see Koump v Smith, 25 N.Y.2d 287, 294 [1969]; Jones v FEGS-WeCARE...

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