Pirone v Castro

Pirone v Castro 2011 NY Slip Op 01584 Decided on March 3, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 3, 2011
Saxe, J.P., Sweeny, Catterson, Freedman, Román, JJ.
4412 306297/09

[*1]Bartholomew Pirone, Plaintiff-Respondent,

v

Francisco S. Castro, et al., Defendants-Appellants.




Havkins Rosenfeld Ritzert & Varriale, LLP, Mineola (Gail L.
Ritzert of counsel), for appellants.
Richard L. Giampá, Bronx, for respondent.

Order, Supreme Court, Bronx County (Laura Douglas, J.), entered on or about July 1, 2010, which, insofar as appealed from, in this action for personal injuries resulting from a motor vehicle accident, denied defendants' motion to compel plaintiff to provide authorizations to obtain his medical, psychological, and pharmaceutical records pertaining to his treatment for hepatitis and depression, unanimously reversed, on the law and the facts, without costs, and the motion granted.

Defendants met their burden of showing that the requested records relating to plaintiff's hepatitis are relevant to a physical condition that plaintiff placed "in controversy" through his deposition testimony (Dillenbeck v Hess, 73 NY2d 278, 287 [1989]). Furthermore, the records relating to plaintiff's depression were relevant. Plaintiff alleged that because of defendants' conduct, he suffered physical injuries that has resulted in him spending "everyday or at least part of everyday from the date of the accident confined to his bed and home" (see id.).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 3, 2011

CLERK