PAMELA QUILTY PLAINTIFF APPELLANT v. DANIELLE CORMIER DEFENDANT RESPONDENT (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

PAMELA J. QUILTY, PLAINTIFF–APPELLANT, v. DANIELLE J. CORMIER, DEFENDANT–RESPONDENT.

CA 13–01666

Decided: March 21, 2014

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND SCONIERS, JJ.

LAW OFFICE OF WILLIAM MATTAR, P.C., WILLIAMSVILLE (APRIL J. ORLOWSKI OF COUNSEL), FOR PLAINTIFF–APPELLANT. BARTH SULLIVAN BEHR, BUFFALO (JAMES A. DAVIS OF COUNSEL), FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this personal injury action seeking damages for injuries she allegedly sustained in a motor vehicle accident. Contrary to plaintiff's contention, Supreme Court properly granted defendant's motion to compel plaintiff to provide unrestricted medical record authorizations inasmuch as she failed to comply with a stipulated order directing her to do so by a certain date. Notably, plaintiff does not contest the validity of that stipulated order. “[U]nless public policy is affronted, parties to a civil dispute are free to chart their own litigation course ․ They ‘may fashion the basis upon which a particular controversy will be resolved ․ and in doing so ‘[t]hey may stipulate away ․ rights' “ (Mitchell v. New York Hosp., 61 N.Y.2d 208, 214; see generally Hann v. Black, 96 AD3d 1503, 1504). We nevertheless note that, at oral argument, defendant's counsel agreed that the records may first be submitted to the court for an in camera review to determine their relevancy.

Frances E. Cafarell

Clerk of the Court

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