Majority
Plaintiff, proceeding pro se, commenced this action in January 2001 seeking damages for the personal injuries she allegedly sustained in a 1997 motor vehicle accident. Defendant Budget Rent A Car/Budget Car and Truck Rental (hereinafter defendant) answered and served discovery demands. Plaintiff did not respond to those demands or to defendant’s four follow-up letters requesting disclosure. In 2005, defendant filed a request for judicial intervention and, at its request, Supreme Court directed plaintiff to respond to the original discovery demands by January 31, 2006. Although the court granted plaintiff an extension of time, plaintiff only partially responded. By an order issued on May 11, 2006, Supreme Court directed plaintiff to fully respond to all demands by May 31, 2006. Although plaintiff served some responses by that deadline, they were again incomplete and defendant moved to strike the complaint pursuant to CPLR 3126. Finding that plaintiff had willfully disregarded its prior orders and deliberately failed to disclose, among other things, her medical records, Supreme Court granted defendant’s motion. Plaintiff appeals.
Where, as here, a party has placed his or her medical condition in issue, the physician/patient privilege and other privacy
We have examined plaintiffs remaining contentions, including her claim that Supreme Court should have granted her a protective order guarding the confidentiality of her medical records, and find them to be either unpreserved or lacking in merit.
Peters, J.P., Carpinello, Kane and Malone Jr., JJ., concur. Ordered that the order is affirmed, without costs.
Cases cited
- Appler v. Riverview Obstetrics & Gynecology, P.C. 9 AD3d 577 at 579 p. 1089
- Coddington v. Lisk 249 AD2d 817 at 818 p. 1089
- Poser v. Varnovitsky 46 AD3d 1295 at 1296 p. 1089
- Kihl v. Pfeffer 94 NY2d 118 at 123 p. 1089
- Du Valle v. Swan Lake Resort Hotel, LLC 26 AD3d 616 at 618 p. 1089