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DILORENZO v. TOLEDANO

2019-04873. Index No. 605949/17.

190 A.D.3d 941 (2021)

136 N.Y.S.3d 905

2021 NY Slip Op 00416

Joseph DiLorenzo, Appellant, v. Baruch Toledano, Respondent, et al., Defendants.

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

Decided January 27, 2021.

Attorney(s) appearing for the Case

Robert F. Danzi , Jericho, NY ( Christine Coscia of counsel), for appellant.

Rubin Paterniti Gonzalez Kaufman LLP, Garden City, NY ( James W. Tuffin of counsel), for respondent and defendants Northwell Health Physician Partners, Northwell Healthcare, Inc., and Northwell Health, Inc.

Mastro, A.P.J., Austin, Miller and Connolly, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

"[A] party must provide duly executed and acknowledged written authorizations for the release of pertinent medical records under the liberal discovery provisions of the CPLR when that party has waived the physician-patient privilege by affirmatively putting his or her physical or mental condition in issue" (Cynthia B. v New Rochelle Hosp. Med. Ctr., 60 N.Y.2d 452

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