O'Brien v Port Auth. of N.Y. & N.J.

O'Brien v Port Auth. of N.Y. & N.J. 2012 NY Slip Op 07898 Decided on November 20, 2012 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 November 20, 2012
Mazzarelli, J.P., Sweeny, Moskowitz, Renwick, Freedman, JJ.
8656 114853/10

[*1]Thomas J. O'Brien, Jr., Plaintiff-Respondent, The

v

Port Authority of New York and New Jersey, et al., Defendants-Appellants, Silverstein Properties, Inc., et al., Defendants.




Fabiani Cohen & Hall, LLP, New York (Kevin B. Pollak of
counsel), for appellants.
The Perecman Firm, PLLC, New York (Peter D. Rigelhaupt of
counsel), for respondent.

Order, Supreme Court, New York County (Louis B. York, J.), entered June 11, 2012, which, to the extent appealed from, upon defendant-appellants' (defendants) motion to compel plaintiff to provide authorizations for the release of all medical records preceding the accident in which he was allegedly injured, ordered plaintiff to provide authorizations for the five years preceding the accident, unanimously affirmed, without costs.

Defendants failed to demonstrate that all plaintiff's pre-accident medical records were material and necessary in the defense of this action (see CPLR 3101). Plaintiff does not allege that the accident aggravated or exacerbated a preexisting injury or condition (see McGlone v Port Auth. of N.Y. & N.J., 90 AD3d 479 [1st Dept 2011]).

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

ENTERED: NOVEMBER 20, 2012

CLERK