DELMO WALTERS, plfres, v. FAFA SALLAH def-ap

10487N. DELMO WALTERS, plfres, v. FAFA SALLAH def-ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for ap — Law Offices of Nelly Stotland & Associates, P.C., Forest Hills (Patrick J. McGrath of counsel), for res — Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered April 12, 2012, which, insofar as appealed from as limited by the briefs, in this action for personal injuries resulting from a motor vehicle accident, denied defendants’ motion to compel plaintiff to provide authorizations to obtain his medical records pertaining to his preexisting arthritis and for his disability records from the Social Security Administration, unanimously reversed, on the law and the facts, without costs, the motion granted, and the matter remanded for further proceedings in accordance with this decision.

Plaintiff seeks to recover damages for permanent injuries allegedly sustained to his knee and wrist in an automobile accident, which continue to be aggravated by sitting, walking, and bending. He also alleges he suffered a serious injury in that he was unable to perform substantially all his usual daily functions for at least 90 out of 180 days following the accident. Essentially, defendants seek medical records to determine whether there is any preexisting arthritis or medical disability, exclusive of the alleged injury to plaintiff’s left knee and wrist, which would be the cause of plaintiff’s inability to perform substantially all of his usual daily activities.