CPLR 3101(a)

The First Department granted defendants' motion to compel discovery, in Rega v. Avon Products, Inc., which was decided on March 11, 2008, determining that the evidence sought about plaintiff's prior and subsequent injuries was material to defense of the action. The court noted that plaintiff had put his physical condition at issue by averring in his bill of particulars that his condition had been made worse by the injuries he alleged in his compaint, and defendants had a right to information about that condition.

New York practice point: CPLR 3101(a) requires full disclosure of all information which is material and necessary in the prosecution or defense of an action, regardless of the burden of proof. The information must be sought in good faith for possible use as evidence-in-chief, rebuttal or for cross-examination. The physician-patient privilege is waived if plaintiff's physical condition is interjected through testimony or written submission.