New York Court of Appeals
Donald Hoenig v. Henry P. Westphal, Respondent Robert F. Calhoun v. Joan A. Pickett
May 5, 198152 N.Y.2d 605
Summary
The Court held that, in personal injury actions, attending physicians' reports are discoverable under CPLR 3101 even when the plaintiff has not requested an exchange of medical reports under CPLR 3121. It reasoned that CPLR 3101 mandates full disclosure of material evidence, that the physician‑patient privilege is waived, and that CPLR 3121 does not limit but rather broadens discovery. The Appellate Division orders were affirmed.