Morillo v 623-631 W. 207th St., LLC
2022 NY Slip Op 03478 [205 AD3d 649]
May 31, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 29, 2022


[*1]
 Hilda Morillo, Respondent,
v
623-631 West 207th Street, LLC, Appellant.

Ahmuty, Demers & McManus, Albertson (Kevin J. Murtagh, Sr. of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered April 6, 2021, which, to the extent appealed from as limited by the briefs, denied defendant's motion to compel plaintiff to provide authorizations for the release of medical records from plaintiff's cardiologists, internist, and ophthalmologist, unanimously affirmed, without costs.

As the motion court properly found, defendant failed to show that plaintiff's heart condition or vision may have contributed to the accident in which she allegedly was injured. Further as plaintiff withdrew her loss of enjoyment of life claim, defendant failed to demonstrate how her claim that her health had been impaired as a result of the injuries sustained, required authorizations for the requested records from her cardiologist, internist, and ophthalmologist (see Lafata v Verizon Communications Inc., 180 AD3d 575 [1st Dept 2020];  Alford v City of New York, 116 AD3d 483, 484 [1st Dept 2014]). Concur—Webber, J.P., Kern, Oing, Scarpulla, Pitt, JJ.