Opinion
February 3, 1989
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Denman, J.P., Boomer, Green, Lawton and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Special Term did not abuse its discretion in ordering a nonparty to disclose patients' hospital records. Plaintiff established that the requested information is material and necessary to the resolution of plaintiff's defamation action (see, Perry v Fiumano, 61 A.D.2d 512, 516, 519). Moreover, the court reasonably conditioned disclosure by providing that the names of the patients would be kept confidential during any pretrial or trial proceeding (see, Bernstein v Lore, 59 A.D.2d 650).