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B.S. v. B.F.

1546N, 312262/14.

140 A.D.3d 584 (2016)

33 N.Y.S.3d 694

2016 NY Slip Op 05036

B.S., Respondent, v. B.F., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2016.

The motion court providently exercised its discretion in denying defendant's motion seeking records regarding plaintiff's mental and medical health, since plaintiff did not waive the physician-patient privilege by making any claims or taking any positions that placed her physical or mental condition "in controversy" (CPLR 3121 [a]; see generally Wegman v Wegman, 37 N.Y.2d 940, 941 [1975]; see also Proschold v Proschold,

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