Majority
p. 959Maria I. O'Connor, Respondent, v Charles R. West et al., Defendants. Roswell Park Memorial Institute, Appellant.
— Order unanimously aflirmed with costs. Memorandum: Special Term did not abuse its discretion in ordering a non-party to disclose patients’ hospital records. Plaintiff established that the requested information is material and necessary to the resolution of plaintiff’s defamation action (see, Perry v Fiumano, 61 AD2d 512 , 516, 519). Moreover, the court reasonably conditioned disclosure by providing that the names of the patients would be kept confidential during any pretrial or trial proceeding (see, Bernstein v Lore, 59 AD2d 650 ). (Appeal from order of Supreme Court, Erie County, Ostrowski, J. — discovery.) Present — Denman, J. P., Boomer, Green, Law-ton and Davis, JJ.
Cases cited
- Perry v. Fiumano 61 AD2d 512 at 516, 519 p. 959
- Bernstein v. Lore 59 AD2d 650 p. 959