| Belair & Evans LLP v Rizzo |
| 2021 NY Slip Op 01549 [192 AD3d 531] |
| March 18, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Belair & Evans LLP, Appellant, v Peter Foley Rizzo, M.D., Respondent. |
Furman Kornfeld & Brennan LLP, New York (Aaron M. Barham of counsel), for appellant.
Brown Rudnick LLP, New York (Lauren Tabaksblat of counsel), for respondent.
Order, Supreme Court, New York County (Alan C. Marin, J.), entered on or about June 21, 2019, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to compel defendant to provide the results of a clinical competency evaluation of him and nonprivileged legal and insurance files from medical malpractice cases filed against him, unanimously affirmed, without costs.
After conducting an in camera review of the documents, the motion court providently exercised its discretion in denying plaintiff's motion to compel defendant to provide the results of a clinical competency evaluation of defendant and nonprivileged legal and insurance files from medical malpractice cases filed against him. Concur—Acosta, P.J., Gische, Oing, González, JJ.