Defendants are entitled to copies of their emails, correspondence, and texts in plaintiff's possession because they are discoverable party statements, pursuant to CPLR 3101[e]. However, plaintiff is not obligated to produce the medical records of his treatment with defendants, as they made no showing that those records, created and maintained by them, were unavailable to them. As to defendants' demand for the names and addresses of any and all individuals who were witnesses to the medical conditions alleged in the complaint, this request is palpably improper as overbroad and burdensome, particularly where no depositions have been held. Defendants are not entitled to authorizations releasing plaintiff's employment records, as plaintiff had withdrawn all of his claims for lost earnings, and defendants did not make a sufficient showing as to how those records were material or necessary to their defense, pursuant to CPLR 3101[a]. Defendants may renew their request for employment records if plaintiff's deposition testimony makes them relevant.
Fusco v. Mace Ave. Med., P.C., NY Slip Op 05922 (1st Dep't October 20, 2022)
