Appellate Division, First Department at 27 Madison Ave., New York City. Photo: Ryland West/ALM Rejecting Defendant's Request for Full Medical Records, First Dept. Sends Construction Accident Case Toward Trial
"Plaintiff did not place his entire medical condition in controversy by suing to recover damages for orthopedic injuries to his shoulders, hands, and right wrist by alleging in the bill of particulars that those injuries are permanent in nature," wrote an Appellate Division, First Department panel.
January 06, 2023 at 03:37 PM
4 minute read
A state appeals court is compelling a defendant in a construction-related injury case to proceed toward trial, denying its attempt to vacate a certificate of readiness and shutting down its effort to force the shoulder-and-hand-injured plaintiff to produce records tied to his broader medical health.
"Plaintiff did not place his entire medical condition in controversy by suing to recover damages for orthopedic injuries to his shoulders, hands, and right wrist by alleging in the bill of particulars that those injuries are permanent in nature," wrote the Appellate Division, First Department court in an opinion denying defendant Five Star Carting LLC's multi-pronged motion that would have pushed back trial.
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