Practice point: There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by a party, pursuant to CPLR 3101[a][1]. The words “material and necessary” are to be interpreted liberally to require disclosure, if demanded, of any facts bearing on the controversy, if they will assist preparation for trial by sharpening the issues and reducing delay.
Student note: Where
the mental or physical condition of a party is in controversy, a notice may be
served pursuant to CPLR 3121(a) requiring that the party submit to a medical
examination, or make available for inspection relevant hospital and medical
records. The initial burden of proving that a party's medical condition is in
controversy is on the party seeking the information, and it is only after such
an evidentiary showing that discovery may proceed.
Case: Farkas v. Orange Regional Med. Ctr., NY Slip Op 05610 (2d Dept. 2012).
Tomorrow’s issue:
Duty to warn, and wheel stops.
