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Albatros Medical, P.C. v. Government Employees Ins. Co.



Before the court are nine motions seeking the identical relief in nine separate actions. All of the actions are to recover the payment medical fees pursuant to the New York State No-Fault Insurance Laws and applicable regulations. Government Employees Insurance Company is the defendant .....

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Before the court are nine motions seeking the identical relief in nine separate actions. All of the actions are to recover the payment medical fees pursuant to the New York State No-Fault Insurance Laws and applicable regulations. Government Employees Insurance Company is the defendant in all the actions. The plaintiffs are various medical providers all represented by the same law firm. Defendant seeks to compel the examination before trial of the plaintiffs where the plaintiffs are the assignee medical providers in the actions. In opposition, the plaintiff has cross moved for a protective order.

Generally, the trial court has broad discretion in granting or denying disclosure, although it must balance the needs of the party seeking discovery against such opposing interests as expedition and confidentiality. Town of Pleasant Valley v. New York State Board of Real Property Services, 253 A.D.2d 8, 685 N.Y.S.2d 74. The test for disclosure is one of usefulness and reason. Allen v. Crowell-Collier Pub. Co., 21 N.Y.2d 403. Discovery should be allowed if the information sought is sufficiently related to the issues in litigation to make the effort to obtain it in preparation for trial reasonable. Id. It is reasonable to assume that the plaintiff may have information that could help the defendant prepare its case.

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