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BRITO v. GOMEZ

306267/14.

168 A.D.3d 1 (2018)

88 N.Y.S.3d 166

2018 NY Slip Op 08105

BENEDICTA BRITO, Respondent, v. RAFAEL GOMEZ et al., Appellants.

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

Decided November 27, 2018.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York City (Nicholas Hurzeler and C. Briggs Johnson of counsel), for appellants.

MANZANET-DANIELS and MAZZARELLI, JJ., concur with SINGH, J.; FRIEDMAN, J.P., and TOM, J., dissent in an opinion by FRIEDMAN, J.P.

OPINION OF THE COURT

We are asked on this appeal to decide whether a litigant in a personal injury action who makes a claim for lost earnings and loss of enjoyment of life waives the physician-patient privilege with respect to prior injuries not raised in the lawsuit. Based on our settled precedent, we find that the privilege...

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