The statute directs that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action." However, a party is not entitled to unlimited, uncontrolled, and unfettered disclosure. Since a party does not waive the physician-patient privilege with respect to unrelated illnesses or injuries, the defendant was not entitled to authorizations for the release of the injured plaintiff's medical records pertaining to a prior automobile accident and stroke. The defendant did not show that the injuries and illness were related to the accident at issue, and so the defendant failed to meet its initial burden of demonstrating that those records were relevant to the issues in controversy, and material and necessary to the defense of this action.
Fitzpatrick v. Consolidated Resistance Co. of Am., Inc., NY Slip Op 03097 (2d Dep't May 11, 2022)
