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JOANNE MOLESI, ET AL., RESPONDENTS, v. RICHARD RUBENSTEIN, ETC., ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, with costs, and upon reconsideration, that branch of the motion which was to compel the plaintiff Joanne Molesi to provide certain medical authorizations in response to the defendants' demands is granted.

Since the plaintiff Joanne Molesi placed her mental condition in controversy, the Supreme Court should have granted that branch of the defendants' motion which was to compel her to provide certain medical authorizations allowing them to obtain medical records relating to that condition (see Prink v. Rockefeller Center, 48 N.Y.2d 309; Koump v. Smith, 25 N.Y.2d 287, 294; Schager v. Durland, 286 A.D.2d 725; Ellerin v. Bentley's, 266 A.D.2d 259).

RITTER, J.P., FLORIO, GOLDSTEIN, LUCIANO and COZIER, JJ., concur.

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MOLESI v. RUBENSTEIN
(May 28, 2002)