Practice point: Defendant waives the physician-patient privilege by asserting the affirmative defense of unanticipated medical emergency, pursuant to CPLR 3121[a] and CPLR 4504[a].
Students should note that a motion to strike the answer for failure to comply with discovery demands will be denied if plaintiff does not demonstrate the relevance of the medical records.
Case: Rivera v. New York City Transit Authority, NY Slip Op 01737 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Motion practice.
