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In NY Unrelated Pre-Existing Medical Condition Relevant to Plaintiff's Loss of Enjoyment Claim

October 12, 2009

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In <i>Amoroso v City of New York</i>, the defendant sought to compel the plaintiff to provide authorizations for the release of medical records pertaining to a preexisting kidney, cardiac and diabetic condition. The trial court denied the motion, but the Appellate Division reversed, holding that the nature and severity of the plaintiff's prior medical condition may have an impact upon the amount of damages, if any, recoverable for a claim of loss of enjoyment of life. Accordingly, the records regarding the plaintiff’s preexisting medical condition were material and necessary to the defense.

Thanks to Bill Kirrane for his contribution to this post.

<a href="http://www.courts.state.ny.us/reporter/3dseries/2009/2009_07212.htm">http://www.courts.state.ny.us/reporter/3dseries/2009/2009_07212.htm</a>

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