Overbroad discovery demands

CPLR § 4504. Physician, dentist, podiatrist, chiropractor and nurse

Azznara v Strauss, 2011 NY Slip Op 00634 (App. Div., 2nd 2010)

Although the plaintiff's pharmacy and health insurance records may properly be discovered (see CPLR 4504; Neferis v DeStefano, 265 AD2d 464, 466; Moore v Superior Ice Rink, 251 AD2d 305), the defendants' demand with respect to those two items, as currently propounded, is patently overbroad and burdensome (see Gilman & Ciocia, Inc. v Walsh, 45 AD3d 531; Bongiorno v Livingston, 20 AD3d 379, 382; Bettan v Geico Gen. Ins. Co., 296 AD2d 469, 471; Holness v Chrysler Corp., 220 AD2d 721, 722). Accordingly, that branch of the defendants' motion which was to compel the plaintiff to provide authorizations for the release of all of his pharmacy and health insurance records was properly denied.

 

The bold is mine.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s