As the IAS court held, defendants' attorneys did not compel plaintiff to disclose his health status at his deposition, or otherwise violate plaintiff's right under Public Health Law article 27-F to have his health status kept confidential. Plaintiff, who was represented by an attorney at his deposition, could have refused to answer any question that might have divulged such status, and thereby require defendants to put the issue before the court (see, Public Health Law § 2785[a]). Instead, he volunteered such status in response to a perfectly proper question concerning whether his inability to work was due to his "liver problems or some other medical condition." Since plaintiff's status was already in the record, plaintiff's motion for a protective order against use of his medical records was properly denied. We have considered and rejected plaintiff's other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.