AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

BENITA GREEN, PLAINTIFF-APPELLANT, v. THE CITY OF NEW YORK, ET AL., DEFENDANTS-RESPONDENTS, JON KOLBRENNER AND RAMA CONTRACTORS CORP., DEFENDANT.

Since the excerpts from medical texts and journals submitted by defendants demonstrate a medical link between drug use and osteomyelitis, the condition for which plaintiff seeks to recover damages, the information sought by defendants as to plaintiff's prior drug use is relevant upon the issue of whether plaintiff's condition is attributable to defendants-respondents' medical malpractice, as alleged (see, Napoleoni v. Union Hosp. of the Bronx, 207 A.D.2d 660, 662). Accordingly, since parties are entitled to "full disclosure of all matter material and necessary in the prosecution or defense of an action" (CPLR 3101[a]), the motion court properly exercised its broad discretion with respect to the conduct of discovery (see, Kamhi v. Dependable Delivery Serv., 234 A.D.2d 34) by directing plaintiff to respond at her deposition to inquiries as to her prior drug use.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

GREEN v. CITY OF NEW YORK
(Mar 8, 2001)