Second Department Holds Defendant’s Medical Records Are Not Admissible in Close Decision

In a 3-2 Decision, a panel of Second Department Justices held that a defendant’s medical records were not subject to discovery.  In the case of Peterson v. Estate of John Rozansky, the panel of Justices upheld a trial court’s decision to grant a protective order in regards to the deceased defendant’s medical records.  The case was initiated after the plaintiff, who was working at a toll plaza for the Queens Midtown Tunnel, was struck by an oncoming vehicle.  The accident occurred in 2004, and in 2005, the plaintiff brought suit against the driver of the vehicle, John Rozansky.
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